Tuesday
November 25, 1980
Part X
Environmental
Hazardous Waste Management System:
Clarification of Regulations on Hazardous
Waste in Containers; Exemption of
Certain Treated-Wood Wastes; Final list
of- Commercial Products Which Are
Hazardous Wastes if Discarded (8261,33);
Exclusions in Response to Delistlng
Petitions
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78S24 Federal Register / Vol. 45, No. 229 / Tuesday, November 25, 1980 / Rules and Regulations
ENVIRONMENTAL PROTECTION
AGENCY
i i i n
40 CFR Parts 261, 262, and 265
ISWH-FRL 1680-3]
Hazardous Waste Management
System: General Hazardous Waste
Management System; Identification
and Listing of Hazardous Waste
'Xgericy'. ..... '
ACTION: Final amendment and interim
final amendments to rule and request for
comments, ...... • [[[ ',
, SUMMARY: These amendment^ modify 40
'GfR 26L33(cj and add a new section, 40
CFR 201,7, to EPA'sMay 19, 1980,
hazardous waste management
regulations. This new secUqn and the
change to § "61.33(c) clarify the
situations in which residues of
hazardous waste that are contained in
drums, barrels.'tank trucks or other
types of containers must be managed as
hazardous wastes under 40 CFR Parts
201 through 265 and 122 through 124.
DATES:
Ef fcetiv e dates: The effective date for ,
1 261.7 is November 19. 1900. '
The effective date for the amendments
to § 261,33, § 265.173 and to § 262~51 is
... ...... May 25, 1981. ....................................... .........
Comment date: Today's amendments,
with the exception of § 261.7(b)(3),
which is merely a recodification, are
being promulgated as interim final
rules. EPA will accept comments on
them until January 26, 1961.
Compliance dates: See Supplementary
Information for details on compliance
. d«i tcs,
ADDRESSES: Comments of these
amendments should be sent to Docket
G]e,r!c [Docket No, 3001 J, Office of Solid
Wiis'te (WH-565J, U.S. Environmental ................
Protection Agency, 401 M St., S.W.,
Washington, D.C. 20460.
FOR FURTHER INFORMATION CONTACT:
Alfred W. Lindsey, Office of Solid
Waste, U.S. Environmental Protection
Agency, 401 M Street, S. W.,
Washington, D.C. 20460 (202| 755-9185.
I Authority
These amendments are issued under
the aulhqrjty of Sections 1006, 2002(a),
arid 3QQ1 Qfjhe Solid Waste Disposal
Act, as amended by the Resource
Conservation and Recovery Act of 1976
(RCRA), us amended, 42 U.S.C. 6905,
0312{a), and 6921.
n. Compliance Dates
EPA does not consider new § 261.7 to
be a "revision" of the Section 3Q01
regulations within the meaning of
Section 3010{b)'of RCRA. It is merely a
clarification of the May 19,1980,
regulations and does not subject any
person to regulatory control who was
not already subject to the May
regulations. All such persons, of course,
should have already notified EPA of
their hazardous waste activities on or
before August 18,1980, and if they are
hazardous waste treatment, storage or
disposal facilities must submit a Part A
permit application to EPA on or before
November 19,1980.
Today's amendment to § 261.33(c),
which clarifies that EPA considers as
hazardous wastes container residues of
acutely hazardous materials that are,
discarded, and does not consider the
containers themselves to be hazardous
wastes when they are discarded, will
require additional persons to notify EPA
that they handle these acutely
hazardous wastes and will require any
treatment, storage or disposal facility
which wants to continue to handle such
-wastes alsQ.tQ submit a Part A permit
application and qualify for interim
status. "
A. Notification
Persons who generate, transport, treat,
store or dispose of wastes which are
newly subject to regulation under Parts '
261 through 265,122 and 124 because of
today's revision to § 261.33(c) are not
required to notify EPA so long as they
.previously notified the Agency that they
handle a hazardous waste and received
an EPA identification number.' Persons
who have not previously notified EPA
and who now generate or handle the
wastes newly included by the
amendment to § 261.33(c) must now
notify EPA of their activities under
Section 3010 no later than January 26,
1981,. Notification instructions are set
forth in 45 FR12746 (February 28J 1980). '
B. Part A Permit Applications
The owners or operators of all
existing hazardous waste management
facilities (see the definition of "existing
HWM facility" in 40 CFR 122.3, 45 FR
33421 (May 19,1980) and 45 FR 67756
(October 14, I960)) which treat, store or
dispose of wastes newly included in
these regulations by the amendment to
§ 261.33(c), arid who wish to qualify for
1EPA's authority for this action is the recent!
amendment to Section 3010(a) of RCRA contained
in the Solid Waste Disposal Act Amendments of
1980 (Pub. L 96-452, (October 21,1980)) which
leaves the requirements for notification following
revision of the Section 3001 regulations to the
discretion of the Administrator.
interim status under Section 3005(e) of
RCRA, must file a notification by
January 26,1981, unless they have
notified previously (as described in II.A.
above), and must file a permit
application by May 25,1981 (see 40 CFR
122.23(a)(lj and (2), 45 FR 33434 (May 19,
I960)).
Owners or operators of facilities who
have qualified for interim status and
who wish to manage wastes newly
included in these regulations by the
amendment to § 261.33(c) must submit
an amended permit application by May
25,19B1 (see 40 CFR 122.23(c)(l), 45 FR
'33434 (May 19,1980)).
Owners or operators who do not
comply with the notification or permit
application requirements are precluded
from managing these wastes after May
25,1981 until they have obtained an
RCRA permit under Part 122.
C. Compliance With the Requirements
of Parts 262 Through 265,122 and 124
Beginning on May 25,1981, persons
handling wastes newly included by
today's amendment to § 261.33(c) must
comply with all applicable standards for
hazardous waste generators,
transporters, and owners and operators
of hazardous waste management '
fpcilities set forth in 40 CFR Parts 262
through 265,122 and 124 with respect to
these wastes.
III. Background
In May of 1980, EPA promulgated
regulations implementing Subtitle C of
the Resource Conservation and
Recovery Act of 1976, as amended
("RCRA"). These regulations, among
other things, identify and list hazardous
waste (Part 261), establish standards for
generators and transporters of
hazardous waste (Parts 262 and 263),
and set management and permit
requirements for owners and operators
of facilities that treat, store or dispose of
hazardous waste (Parts 264 and~265 and
Parts 122 and 124). 45 FR 33066 (May 19,
1980). These regulations are-designed to >
ensure the proper handling and
management of hazardous wastes from
their generation through their ultimate
disposition. * "
Hazardous wastes are often stored or
transported in containers.2 Some of
these containers may be full, others •
partially full. Depending on how a
particular hazardous waste is to be
managed and whether a container is to
be re-used, some containers may be
emptied, leaving a residue in the
container. Other containers may be
' "Container" is defined in 40 CFR 260.10 as "any
portable device in which a material is stored,
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Federal Register ^ Vol. 45, No. 229 /Tuesday;.November 25, 1980 / Rules and Regulations 78525
cleaned, perhaps creating a rinsate
containing hazardous waste.
EPA has received numerous questions
about-the extent to which partiallyfull,
"empty" and cleaned containers, or
more precisely, the waste or waste
residues in such containers, are
regulated under RGRA. Specifically,
, (1) What is an "empty container?"
(23 Under what circumstances is a
container that has held hazardous
waste, but is how "empty," controlled
under the RGRA hazardous waste
regulations? .
..^ r^~(€?-*few fLoMie small quantity . _—--
provisions [i 261.5] and the use, re-use,
recycling and reclamation provisions
(§ 261.6) apply to container
management? .. - .
{43 Are container cleaning operations
subject lo the RCRA facility and
permitting requirements?
In response to these questions, EPA is
modifying its hazardous waste
: regulations to better explain the
circumstances under which a container
which-has held hazardous waste
(including any of the chemicals listed in
' § 261.33 tej and {fj, when they are
wastes) remains subject to the
requirements of Parts 261 through 265,
122 and 124, and the notification
requirements of Section 3010 of KCRA,
The Agency Is doing this by adding a
new section of-Part 261, § 261.7, which
deals exclusively with the issue of when
residues in containers -will be subject to
regulation. This new section will enable
persons who deal -with container
residues to look to one section of the
.regulations to determine whether they
are regulated.
IV. The Control of Residues in Empty
Containers and fhe Definition of Empty
Container
In the May 1980 regulations the only
specific references to containers of
• hazardous waste in Part 261, which
identifies those wastes subject to
regulation, are in | § 26133(cJ and
261.5(c)(3j-(4). Section 261.33(c) provides
.that any container or inner liner from a
container that has been used to hold any
acutely hazardous commercial chemical
product or manufacturing chemical
intermediate listed in § 261.33fe) is a
hazardous waste wmen it is discarded or
intended to be discarded, unless it has
been triple rinsed or otherwise
appropriately cleaned. Sections
261.5(c)(33 and 26a,S{c3{4i)1 part of the
jspecial requirements for hazardous
waste generated by small quantity"
generators, 'excluded from regulation
certain small-containers and a certain
amount of inner miers feom containers
identified in § 261.33(c). Otherwise, fte
May 1980 Part 261 regulations are silent
on the control of "empty" containers
and hazardous waste residues in L
"empty" containers. - . - -
A. Full or Partially Full Containers
Under Part 261, all solid waste that is
identified or listed as hazardous waste
is subject to regulation under Parts 261
through 265,122 and 124. Thus, the May
19,1980, regulations clearly regulate
hazardous wastes -in full or partially full
containers.
B. "Empty" Containers
~— «The typical emptying of a container
by pouring, pumping, aspirating or other
common emptying methods is not
capable of removing all residues. So-
called "empty" containers hold small
amounts of residue unless they have
been thoroughly rinsed or otherwise
cleaned to remove such residues. Many
persons have concluded that unless
hazardous waste residues in "empty"
containers are excluded by the small
quantity generator exclusion off 261.5,
all such residues are fully controlled as
hazardous wastes and thus persons
• handling such containers would,
because of the residues have to ship
such 'containers accompanied by a
manifest and have a permit (or interim
status) for the treatment,'storage or
disposal of the residues.
Tie Agency did not intend, however,
•to regulate hazardous waste residues in
"empty" but uminsed containers, except
where the hazardous Waste is an acutely
hazardous material listed in f 261,33(e).
See the preamble discussion at 45 FR
33116, May 19,1980. EPA Relieves that,
except where the hazardous waste is an
acutely hazardous material listed in '
§261.33(e), the .small amount of ,
hazardous waste residue that remains in
individual empty, unrinsed containers
does not pose a substantial hazard to
human health or the environment. If
there are certain situations where this
presumption is unjusnfed, the Agency
will consider amendments to the
regulations to accommodate them. See
the discussion below in section IV.E. of
this preamble. , . • -
In making this presumption, the
Agency considered the amounts of
hazardous waste residues contained in
"empty" containers from which all
hazardous wastes have been removed
by common methods of emptying •
'containers: Dumping, pouring, pumping
and aspirating and, for,containers of
contained gas, allowing me pressure in
the container to reach'atmospheric.
Although EPA officials have explained
in many public meetings that the only
residues in "empty" containers that the
Agency intended to regulate were tliose
of acutely hazardous materials listed in
§ 261.33{e], {see 40 CFR 261.33(c), 45 FR
33124, (May 19,19803), the Agency did
not articulate this in the regulations.'
To rectify this omission, the Agency is
amending the regulations to expressly
specify that the hazardous waste '
remaining in an "empty" container is not
subject to the regulations. See f 261.7(a).
On the other hand, the hazardous waste
residue in any container that is not
considered empty is subject to full
regulation as a hazardous waste unless
any of the special requirements or
exclusions in Part 261 or § 262.34 apply.
To implement this clarification EPA is
also amending the regulations to provide
a definition of "empty container." See
§ 261.7(b). This definition.is in three
parts andis keyed to the type of waste
in the container, i.e.,'the methods that
must be used to remove the residue from
a container for it to be considered empty
, 'under § 261.7{b) depend on thelnalerial
that the container held. What should be
clear from § 261.7, however, is that no
."empty" containers are subject to -
regulatory control because no "empty"
containers hold residues that are
considered hazardous wastes for
regulatory purposes.
1. Containers that have held
hazardous wastes other thangases and
acutely hazardous materials. The first
part of the definition of "empty
container" deals with containers that
have held hazardous wastes other than
compressed gases and acutely
hazardous materials listed in § 261.33[e).
For such containers, the definition
provides that an empty container is one
from which all wastes or other materials
have been removed that can be removed
using the practices commonly employed
to remove materials from that type of
container. The definition further
provides that no more than 2.5
centimeters {one inch) of residue may
remain on the bottom of the container
for it to be considered empty. The
Agency recognizes that this part of the
definition is not perfectly precise and
maybe subject to interpretation in
difficult cases. For example, if the
hazardous waste is a two-phase mixture
of a liquid and a non-viscous solid or
semi-solid and is contained in a drum
with a sealed top (with only bung holes
provided for filling and emptying the
drum), it is very possible that common
emptying methods will not remove all of
the waste. Common emptying methods
might remove the liquid phase and leave
the solids or semi-solids adhering to-the
sides so that there is less than 2.5
centimeters of waste on the bottom of
the container. In this example, the
Agency would not view the container as
an empty container because the total
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78526
Federal Register / Vol. 45, No. 229 / Tuesday, November 25, 1980 / Rules and Regu|ations^
amount of material in the container
wtjuld be greater than a 2.5 centimeter
layer on the bottom. In spite of its
imperfection, the Agency believes this
definition is useful and can be made to
ty(jfck witli only occasional
interpretation for unusual situations.
The Agency will render such
Interpretations when necessary to
Implement this definition and the related
regulatory provisions. Even so, the
Agency is open to any advice on how to
Improvft this definition and specifically
solicits such advice during the comment
period provided for this interim final
role.
&. Compressed gas containers. For
compressed gas containers, the second
part of the definition provides that an
empty container is one which has been
opened to atmospheric pressure.
I i; |s Containers that have heltTacuteJy
hazardous Materials, For con tamers that
h»ve held *ny °*I*6 acutely hazardous
materials listed In § 261.33(e), the third
purt of the definition provides that an
empty container is one that has been
triple rinsed with an appropriate
solvent, or cleaned using another
Bielhod shown to achieve equivalent
removal or, in the case of a container,
''.i^Jias had tRelnnerliner'removed. This
part of the ciefTnMdh' of empty container
has been shifted from 40 CFR
28J.83(c)(aH3) in ortlcr to combine in
one section of the regulations all
provisions dealing with the issue of
when container residues must be .
managed as hazardous waste. It was
explained in the preamble to the May 19,
1800, regulations. See 45 FR 33115-16."
C, Interim Final Promulgation
Because the first two parts of the
definition of empty container
{I JffllJtb)(iH2)) are new regulatory
provisions, HPA is promulgating them in
Interim final form and will accept
comments on them for 90 days. Section
§81,7(a), which clarifies when container
residues must be managed as hazardous
'!:' w«s"fes; allo |s new anil also Is being
promulgated In interim final form with a
SO day comment period. EPA believes
that use of advance notice and comment
procedures for these amendments would
be Impracticable and contrary to the
public interest, and therefore finds that
good cause exists for adopting these
regulations in interim final form (see 5
U.S.C, 553(b)(B)). Section IV.D. below,
entitled "Effective Date," discusses the
confusion and disruption that would
result were "EM not to promulgate these
amendments fri inferim final form with a
November 19,1980, effectivedate.
The third part of the definition of ,
empty container, § 261.7[b)(3), is merely
; iv -v"••••;;;rill;*;ww-
recodified aijd is being promulgated as a
final regulation.
D. Effective Date
Section 3010(b) of RCRA provides that
EPA's hazardous waste regulations and
revisions thereto take effect six months
after their promulgation. The purpose of
this requirement is to allow persons
handling hazardous wastes -sufficient
lead time to prepare to comply with
major new regulatory requirements. For
the new § 261.7 promulgated today,
however, the Agency believes that an
effective date six months after
promulgation would cause substantial
and unnecessary disruption in the
implementation of the regulations and
would be counterproductive for the
regulated community and the public.
The regulatory provisions that these.
amendments modify take effect on
November 19,1980. Beginning on that
date, in the absence of the effectuation
of these amendments, all hazardous
waste residues down to very minute
quantities arguably would have to be
managed as hazardous wastes. The
clarifications in § 261.7 have been
requested by the regulated community
and will eliminate the confusion that has
existed concerning when container
residues must be managed as hazardous
wastes. Section 261.7 does not subject
any persons or activities to regulation
which were not covered by the May 19
regulations. The section only serves to
exclude certain residues of hazardous
waste from regulatory control. Persons
handling excluded residues thus need
not comply with any hazardous waste
management requirements for those
residues. In the absence of this hew
section, these persons arguably would
have to comply with all applicable
regulations in Parts 261 through 265,122
and 124 on November 19,1980. This
lessening of regulatory requirements
surely is not the type of revision to
regulations that Congress had in mind
. when it provided a six-month delay
between the promulgation and the
effective date of revisions to regulations.
Consequently the Agency is setting an
effective date of November 19,1980.
E. Options Under Consideration for
Regulating Hazardous Waste Residues
in "Empty" Containers
As discussed in section IV.B. of this
preamble, EPA believes that the small
amount of hazardous waste residue that
remains in individual empty, unrinsed
containers does not pose a substantial
hazard to human health or the
environment. EPA is concerned,
however, that drum reconditioners and
other facilities that clean large numbers
of "empty" containers may accumulate
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and treat or, dispose of significant
amounts of unregulated residues which
may pose a substantial hazard to human
health or the environment. EPA is
currently considering three options to
deal with this possible problem.
* 1. Triple rinsing for all containers.
The option which EPA considers the
most equitable and which appears to
offer the greatest protection to human
health and the environment is to require
that all containers be triple rinsed
before they are considered empty. This
would ensure that the only residues that
would be unregulated under the-part 262
through 265,122 and 124 regulations
would be trace amounts that would
remain in a container after triple rinsing
or an equivalent cleaning operation. If a
container that hadn't been triple rinsed
were transported, it would have to be
accompanied by a manifest, unless the
residue in the container were excluded
from regulation by the small quantity
generator exclusion (§ 261.5) or by the
use, re-use, recycling or reclamation
provisions of § 261.6, and could only be
shipped to a treatment, storage or
disposal facility with a permit or interim
status. Under § 261.7(a), as promulgated
today, container residues (other than
those of acutely hazardous materials
listed in § 261.33(e)) of less than an inch
are not subject to the RCRA Subtitle C
requirements. If all containers had to be
triple rinsed before the remaining
residue were not regulated, the potential
for environmental and health problems
that exists under the current version of
§ 261.7 could be eliminated.
2. Regulation of the residue when it is
removed from the container. Another
option EPA is considering is to add the
words "until it is removed from the
container" to § 261.7(a)(l) so that the
section would read: "Any hazardous
waste remaining in a container or an
inner liner removed from a container
that is empty, as defined in paragraph
(b) of this section, is not subject to
regulation under Parts 261 through 265,
Part 122 or 124 of this chapter or to the
notification requirements of Section 3010
of RCRA until it is removed from the
container."
Such language would mean that the
• hazardous waste residue in an empty
container could be transported, treated,
stored or disposed of without being
subject to RCRA regulation while it
remained in the container, but that the
residue would be regulated if it were
removed from the container. This
solution would be less burdensome to
the regulated community than requiring
triple rinsing of all containers that have
held hazardous waste, but it would not
offer as much protection of human
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Federal Register / Vol. 45, No. 229 / Tuesday, November 25, 1980 / Rules and Regulations , 78527
health and the environment because
residues, that remained in empty
contairierswouidbennregulated.lt
would require facilities about -which
EPA is most concerned, Le,, lihose
container cleaning facilities which
accumulate large amounts of container
residues, to properly manage the
residues as hazardous wastes once lihey
were removed from ih'e container. EPA
would consider the person who removed
the waste to be the generator. Persona
who removed only small quantities of
residues could qualify for the small
quantity -generator exclusion, ff they
also did not have large quantities of
other hazardous wastes. One problem
with this approach, though, would fee
how persons removing residues from
empty containers thai had been shipped
to.them would receive noHce that the
residues were hazardous wastes
because, until their removal, the
residues would be unregulated, and thus
could be -shipped- without a manifest
while they remained in their containers.
3. Limitation 'on the amount of
unregulated residue. A tMrd option EPA
is considering is to regulate only persons
who handle large amounts of hazardous
waste residue in, or removed from,
empty •containers. The Agency could
accomplish this by limiting the amounts
of unregulated residue a person could
manage during a particular period of
time without becoming subject to
hazardous waste management controls.
AH container residues handled fey
persons who regularly deal wifii large
amounts of such residues could be
regulated. "
EPA solicits comments and data on
whether the residues left unregulated by
§ 261.7 may pose a substantial hazard to
human health or the environment and, if
so, whether commenters favor one of the
three options outlined above, or some
other alternative to deal-with the
problem. ' ,
V. Clarification of 4Q CER 261^33
Section 261,33{c] lists containers that
hold residues of certain acutely
hazardous commercial chemical
products, manufacturing chemical
intermediates, and off-specification
products as hazardous wastes if and
when they are discarded or intendedto
be discarded. EPA is making certain
clarifying changes to iMs_seetiQn.
A. Clarifying Changes Including
Regulation of Residues Rather Than
Containers • ' , . '
First, as mentioned above, today's
amendments move the provisions of
§ 261.33{c){lH3j) to 1 26i;7{b3. Second,
EPA also is changing the remaining
wording of § 261.33{cf and the title of
§ 261.33 to clarify that it is the
hazardous material residue in a
container, rather than the container
itself, that is controlled under the
• regulations if and whea the residue is '
discarded or intended to be discarded.
This avoids the problems that can result
from a literal reading of the regulations
if the container, rather than the residue,
is considered a hazardous waste. Read
literally, for example, § 262.34(a| would
require that a container, if the container
itself were considered a hazardous
waste, be placed within-another
container for temporaryjiccunralation.
This change to the wording bf
§ 261.33(0], although merely a
clarification of the Agency's intent in the
May 19,1980, regulations, does alter the
substance of the requirement in one ,
respect. Although $ 261.33(a] implies
that any amount of a listed acutely
hazardous material is a hazardous
waste when it is discarded or intended .
to be discarded,*-§ 261.33{c] in the May
19 regulations implies that a container •
or liner that previously held an acutely
hazardous material listed in § 261.33(e)
becomes a hazardous waste only if and
when the container or liner—as opposed
to the hazardous waste residue—is '
"discarded or intended to be discarded."
Under one reasonable interpretation of
,§ 261.33{c), a container which is re-used
by anyone or sent to a reconditioner for
cleaning and subsequent re-use would
not be subject to the hazardous waste.
management regulations because it was
not ""intended to be discarded." When
the residue, rather than the container, is
considered the hazardous waste, as it is
under the amended § 261.33{c}, a
container holding a regulated residue, •
C.e., a container that is^nol "empty," that
is sent to a reconditioner for cleaning
and re-use must be accompanied by a
manifest and may only be sent to a
person with a RCRA permit or interim
status for the treatment, storage or
disposal of the waste in question.
Because this amendment to § 261-33(c]
may extend regulatory control to some
persons whose activities were not
previously regulated under RCRA, EPA
is providing time for |hese persons to
notify under Section 3010 of HCRA and
to submit permit applications pursuant
to 40 CFR Part 122. See the discussion
above in section II of this preamble.
entitled "Compliance Dates."
•On the other hand, if She residue of an
acutely hazardous waste listed in
§ '261,33 itself is to be beneficially used,
re-used, recycled or reclaimed, it is not
being discarded and it never becomes a
hazardous waste and thus is not subject
to the hazardous waste management
regulations. For example, if a container
that has held an acutely hazardous
material listed in | 261.33.(e) is to be re-
used to contain the same material listed
in § 261.33{e) that it previously held (and
the initial residue is not discarded), or to
contain some other material where the
mixing of the other material with the
residue of the § 261.33{e| material
constitutes a beneficial use or re-use of
that residue, then the acutely hazardous
residue in the container or liner is not
discarded and thus is not a hazardous
waste. EPA has added a "comment" to •
§ 261,33(c} to remind readers of,the
regulation that unless residues are
beneficially used or re-used, or
legitimately recycled or reclaimed, or
are being accumulated, stored,
transported or treated prior to such use,
re-use, recycling or reclamation, EPA
considers the residue to be intended for
discard and thus a hazardous waste.
B. Interim Final Promulgation
EPA believes that use of advance
notice and comment procedures for the
clarification to § 261.33{c) would be
impracticable and contrary to the public
interest, and therefore finds that good
cause exists for adopting this change in
interim final form {see 5 U.S.G.
553(b]{BJ3. Delay in promulgating this
clarification could cause significant
harm to the regulated community and
the general public. Without this
clarification, confusion exists over
whether the provisions of § 261.33jaj or
§ 261.33fc) govern container residues of
acutely hazardous materials that are
discarded or intended to be discarded.
EPA intended that all such residues be
controlled as hazardous wastes, but, as .
discussed above, one reasonable . •
interpretation of 1261.33(c) is that such
residues are mot considered hazardous
wastes if the containers that hold such
residues are mot discarded. To give
notice to the regulated community of
how EPA intended § 261.33{c) to work,.
and to protect the public against the
possible mismanagment of the acutely
hazardous material residues that may
remain in unrinsed containers that are
re-used, EPA is promulgating its
'clarification to | 2fiL33(c| in interim.
final form. EPA will accept comments on
this change for 90 days and will make "
any further changes deemed necessary
as a result of those comments.
C. Effective Date - •
Section 3Q10,(bj of RCRA provides that
EPA's hazardous waste regulations and
revisions thereto take, effect six months
.after their promulgation. The purpose of
this requirement is to allow persons
Handling hazardous wastes sufficient
lead time to prepare to comply with
major new regulatory requirements. EPA
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I
In! i i i ill i
785^8 Federal Register / Vol. 45, No. 229 / Tuesday, November 25, 1980 / Rules and Regulations
agrees that the amendment to | 261.33[c)
should take effect six months after its
pwmulgatiG h. Hie amendment will
subject some people to the hazardous
, waste management regulations whose
Activities were not subject to regulation
under the May 19,1980, regulations. Two
dailies of people may be brought under
regulation for the first time by this
amendment. The first class of people are
those who for the first time will be
considered generators. These are people
•whose only Hazardous wastes are
oonCktne'r "residues of acutely hazardous
materials (that are discarded} from
containers that are re-used. Although it
Was no! EPA's intent to allow these
residues to go unregulated under the
May 19 regulations, EPA agrees that a
reasonable reading of § 26l.33(c) would
so allow. Thus, the change to that
suction will bring some people under the
h«ardous waste management
regulatory system for the first time as
generators and these persons need time
to plan to meet the regulatory
requirements' of Part 282.
The other class of people affected by
today's amendment are owners and
operators of container cleaning facilities
which receive containers which are not
considered empty under new § 261.7,
I.e., which hold residues of regulated
acutely hazardous materials. They will,
under the Interpretation of § 261.33(c)
discussed above, be.cpnsidered,
treatment, storage or disposal facilities
For the first time under today's
amendment. The owners and operators
of these facilities will have to prepare to
meet the applicable Part 265 standards,
if they are eligible for interim status.
The effective date for today's
amendment to § 261.33(c) is May 25,
, |!|81.iSpctJqfliil|-ipi£iithiisipreamble, entitled
i!Cpmpl&nc(i Dates" sets forth the dates
by which persons who are subject to
regulation for the first time by today's
pncndmcny^ f 261:33(c) or who wish
Ib handle wastes newly regulated by
lodsy's clarification must notify EPA
and submit a new or revised Part A
permit application.
Until the amendment to § 261.33(c) is
effective, the provisions of § 261.33(c),
M promulgated on May 19,1980, will
rewtlnJn effect, Until the amendment to
§ 2dl,33(c) is effective, persons handling
residues of acutely hazardous materials
In cdhtainers that are not discarded or
"Mended |o,iibe,discardedwillnot1be
considered subject to Part 262 through
£05,122 and 124 requirements.
1/1, Special Small Quantity Provisions
H* any container is not considered
empty uridor | 26L7(b), then the
hazardous waste remaining in the
container Is subject to full regulation
unless the generator of the waste
qualifies for the special requirements for
hazardous waste generated by small
quantity generators established in
§ 261.5 or for one of the other special
provisions in the regulations.
In response to numerous continents
and questions on § 261.5, EPA has
amended it in a separate rulemaking.
Containers and inner liners are no
longer specifically mentioned in the
amended § 261.5 because of the change
to § 261.33(c) discussed above. Because
EPA considers the residue of the acutely
hazardous material, rather than the ..'
container or inner liner, to be the
hazardous.waste,, § 261.5 no longer
specifies a number of containers or an
amount of inner liners containing
§ 261.33(e) residues that a small quantity
generator may generate and still come
within the' special requirements. See
§ 261.5(c)(3} and § 261.5(c)(4), May 19,
1980.
Under amended § 261.5, a generator
with § 261.33(c) container residues is
subject to full "Subtitle C regulation if the
amount of such hazardous waste residue
he generates in a calendar month
exceeds an exclusion level specified in
i 261.5. If the sum of all of his acutely
hazardous waste, including his
§ 261.33(cj residues, is less than1
kilogram, that waste is excluded from
regulation unless he generates more
than; 1000 kilograms of other hazardous
waste in a calendar month, in which
case all of his acutely hazardous waste
is also subject to regulation that month.
If he generates more than one kilogram
of acutely hazardous waste in a
calendar month, including § 261.33(c)
residues, all of that hazardous waste is
regulated. Container residues of other
than | 261.33(e) materials that are
subject to regulation because they
measure more than one inch in an
individual container (see § 261.7) must
be counted toward the 1000 kilogram
exclusion in § 261.5. The preamble to the
amendments to § 261.5 discusses the
application of that section in further
detail.
VII. Use, Re-use, Recycling and
Reclamation Provisions
There is an important distinction to be
drawn between wastes listed in § 261.33
and other listed wastes, with respect to
the re-use provisions of the regulations.
The use, re-use, recycling, and
reclamation provisions of § 261.6 do not
apply to any materials listed in § 261.33,
including container residues, because
§ 261.6 only applies to hazardous waste,
and materials listed in § 261.33 become
hazardous wastes only when they are
discarded or are intended to be
discarded. Thus, these materials are not
hazardous wastes if they are used, re-
used, recycled or reclaimed.
On the other hand, hazardous waste
container residues, other than those
listed in § 261.33, which are regulated
because they are in containers that are
not empty, i.e.', which don't meet the
provisions of § 261.7(b) (1) or (2), can .
qualify for the special requirements in
§ 261.6 just as any other hazardous
waste can.
VIII. Container Cleaning Operations
Some persons have read the definition
of treatment in § 260.10 to encompass all
container cleaning operations.
Commenters were particularly
concerned that the triple rinsing or other
cleaning operations prescribed in
§ 261.33(c) (1) and (2) constituted
treatment of the hazardous waste which
adhered to the container.
A. Triple Rinsing
Triple rinsing, a procedure sanctioned
in the regulations, is carried out with the
express purpose of removing the waste
from the container. The usual intent is.
simply to remove the waste and not to
treat it, and the procedure is not usually
"designed to change the physical,
chemical, or biological character or
composition of any hazardous waste so
as to neutralize . . ." it. Therefore, most
triple rinsing does not meet the
definition of treatment in Section 1004 of
RCRA and § 260.10, and is, therefore,
not subject to the requirements of Parts
.264 and 265. The rinsate, however, is a
hazardous waste if it meets one of the
characteristics or if it contains a listed
waste which remains subject to
regulations via the mixing rule. See
§ 261.3(a)(2)(ii). Also, any treatment of
the rinsate would almost certainly meet
the definition of treatment in RCRA and
such secondary treatment operations
would be subject to the requirements of
Parts 264 and 265. -
B. Other Forms of Container Cleaning'
Forms of container cleaning other
than triple rinsing may constitute
treatment because the intent and design
of the operations involve not only
removal of the waste from the container
but also modification of the physical or
chemical composition or character of the
waste to render it less hazardous or
non-hazardous. This is the case where
drums are incinerated or "burned out."
In this case, the burning operation is
designed to remove and destroy the
wastes. In other cases, chemicals are
added to drums, again, not only to
remove the waste, but to jeact with the
wastes and destroy or detoxify them.
These processes meet the RCRA
definition of "treatment" and are thus
in 111111111111111111)1111111111111111111111 . i in 11
- in
.
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Federal Register / Vol. 45, No. 229 / Tuesday, November 25, 1980 / Rules and Regulations 78529
subject to the requirements of Parts 264
and 265. •
C. Facilities Which Handle.Qnly
"Empty" Containers .
Section 261.7 clarifies that container
cleaning facilities which handle only
' "empty" containers' are not currently
subject to regulation unless they
generate a waste that meets one of the
characteristics in Subpart D. The
mixture rule (§ 261.3(a)(2)(ii}} is
inapplicable to-any residues excluded
.from regulation by 26i'.7(a)(l), which
would be the only residues with which a
facility that handles only "empty".
containers would deal.
D. Facilities Which Handle "Non- "-
Empty" containers
Any facility that handles any "non-
empty" containers, i.e., containers which
don't meet the definition of "empty" in
261.7(b), is managing regulated
hazardous waste.
If the facility is the generator of the
hazardous waste, i.e., the container
residue, then the small quantity
generator exclusion (§ 261.5) and the
non-permitted accumulation time
provision (§ 262.34) are available to the
facility as a generator. Unless one of
those provisions is applicable, though,
all treatment, storage and disposal of
regulated residues must be carried out in
accordance with all applicable Part 264
or 265 standards" at a facility with a
permit or interim status. Note also that
any regulated residue of a listed
hazardous waste is subject to the
mixture rule, so'that rinse waters or
solvents-containing these residues also
are considered hazardous wastes,
unless they have been delisted in
accordance with the procedures in
§§ 260.20 and 260.22.
IX. Request for Comments
EPA invites comments on all aspects
of the interim final amendments
promulgated today apd all of the issues
discussed in this preamble. The Agency
. is providing a 90-day comment period
and will carefully consider all comments
received during that period.
X. Regulatory Impacts
The clarification to § 261.33(c) will
bring a small number of additional
persons under regulation as generators,
transporters, or owners or operators of
treatment, storage or disposal facilities.
-- EPA is unable to estimate the number of
such persons and thus cannot accurately
estimate the increased impacts of the
clarification. •
The effect of the promulgation of
§ 261.7 is to. reduce the overall costs,
economic impact and reporting and
recordkeeping impacts of EPA's
hazardous waste management
regulations. This is achieved by
clarifying that container residues of
; hazardous waste, measuring an inch or
less, except residues of certain'acutely
hazardous'tnaterials, are not subject to
the regulations. The Agency is unable to
estimate these cost and impact
reductions. . .
Dated: November 19,1980.
Douglas M. Costle,
Administrator.
: For the reasons set out in the preamble,
Title 40 of the Code of Federal
' Regulations is amended as follows:
1. Add the following new section to
Part 261:
§ 261.7 Residues of hazardous waste in
empty containers.
(a)(l) Any hazardous waste remaining
in either (i) an empty container or (ii) an
inner liner removed from an empty
container, as defined in paragraph (b) of
this section, is not subject to regulation
under Parts 261 through 265, or Part 122
or 124 of ;this chapter or to the
notification requirements of Section 3010
of RCRA.
(2) Any hazardous waste in either (i) a
container that is not empty or (ii) an
inner liner removed from a container
that is not empty, as defined in
paragraph (b) of this section, is subj'ect
to regulation under Parts 261 through
265, and Parts 122 and 124 of this
chapter and to the notification
requirements of Section 3010 of RCRA.
: [b)(l) A container or an inner liner
removed fronTa container that has held
any hazardous waste, except a waste
that is a compressed gas or that is
identified in § 261,.33(c) of this chapter,
is empty if:
(i) all wastes have been removed that
can be removed using the practices
commonly employed to remove
materials from that type of container,
e.g., pouring, pumping, and aspirating,
and , ^
(ii) no more than 2.5 centimeters (one
inch) of residue remain on the bottom of-
the container or inner liner.
(2) A container that has held a
hazardous waste that is a compressed
gas is empty when.the pressure in the
container approaches atmospheric,
(3) A container or an inner liner
removed from a container that has heldv
a hazardous waste identified in
§ 261.33(c) of this chapter is .empty if: "
(i) the container or inner liner has
been triple rinsed using a- solvent
capable.of removinglhe commercial
chemical product or manufacturing
chemical intermediate;
(ii) the container-or inner liner has
been cleaned by another method that
has been shown in the, scientific
literature, or by tests conducted by the
generator, to achieve equivalent -
removal; or
•pit} in the case of a container, the
inner liner that prevented contact of the
commercial chemical product or
manufacturing chemical intermediate,
'with the container, has been removed.
2. Revise the title of § 261.33 and
paragraph (c) to read as follows:1
§ 261.33 Discarded commercial chemical
products, off-specification species,
container residues, and spi!! residues"
thereof.
The following materials or items are
hazardous wastes if and when they are
discarded or intended to be discarded:
* * . * * *
(c) Any residue remaining in a
container or an inner liner removed from
a container that has held any
commercial chemical product or
manufacturing chemical intermediate
having the generic name listed in
paragraph (e) of this section, unless the
container is empty as defined in , • •
§ 261.7(b)(3) of this chapter. [Comment:
Unless the residue is being beneficially
used or reused, or legitimately recycled
or reclaimed; or being accumulated,
'stored, transported or treated prior to
such use, re-use, recycling or
reclamation, EPA considers the residue
to be intended for discard, and thus a
hazardous waste. An example of a •
legitimate re-use of the residue would be
where the residue remains in the
container and the container is used to
hold the same commercial chemical
product or manufacturing chemical
intermediate it previously held. An
example of the discard of the residue
would be where the drum is sent to a ,
drum reconditioner who reconditions
the drum but discards the residue.]
§265.173 [Amended]
3. Delete the first sentence of the
"Comment" to § 265.173. ,
§ 262.51 [Amended]
4. Change the reference for triple
rinsing in § 262.51 from "§ 262.33(c)" to
"§ 261.7(b)(3)." -
[FR Doc. 80-36682 Filed 11-24-80; 8:45 am]
BILLING CODE 8560-30-M
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78530 Federal Register / Vol. 45, No. 229 / Tuesday, November 25, 1980 / Rules and Regulations
ii i i i i (
40 CFR Part 261
ieao-4)'
SUPPLEMENTARY INFORMATION;
Hazardous Waste Management
System; Identification and Listing of
Hazardous Waste
gency (EPA).
ACTION: Interim final amendment to rule
and request forcQmmenls. .................................
SUMMARY: The Environmental Protection
Agency is amending the hazardous
waste management regulations {40 CFR
281.4} to provide that arsenical-treated
wood or wood products which are
goneraled by persons who. utilize such
treated wood or wood products for the
woods' in tended end use,, and ..... which
- '. wood constitutes hazardous waste ................
jdldy because It fails the test for the
characteristic of Extraction Procedure
foxlcity, Is not subject to regulation
under 40 CFR Parts 202 through 265 or
... Parts 122 'through" 124 or tfie
rcqtiTromerifs of Section 3010 of RCRA
until the Agency's Office of Pesticide
i Programs has made further progress in
Jts pending review of arsenical wood,
pros rrvaUvoa. This amendment is being
made as a revolt of public comments.
DATES: Effective date: November 19,
" lisa ........................
Comment date: The Agency will
accept comments on this amendment
JunUI January 28, 1981, Any person may
request a hearing on this interim final
ftrft by filing a request with John P.
Lehman, whose address appears below,
by December 16, 1980. The request must
Contain the Information prescribed in
I'mzofd) of this chapter.
ADDRESSES: Comments on this
Hmendmenf should be sent to Docket
Clerk, Docket No. "3001/Arsenical-
Trearted Wood," Office of Solid Waste
(Wl 1-585), D.§. ' Environmental' .................................
Prelection Agency, 401 M St., SW.,
Washington, D.C. 20460.
Requests for hearing should be
addressed to John P, Lehman, Director,
tlflSJ, U.S. Environmental Protection
Agency, Washington, D.C. 20460.
Tba public docket for this Interim final
rule Is located In Room 2711, tlS."
Environmental Protection Agency, 401 M
St., SW., Washington, D.C, 20460. The
public docket is available for viewing
from 8:00 a.m. to 4:00 p.m. Monday
through Friday, except legal holidays.
FOR FURTHER INFORMATION CONTACT:
Matthew A. Straus, Office of Solid
Waste, U.S. Environmental Protection
Agency, 401 M St., SW.. Washington,
D.C. 20400, (202) 755-9187.
I i
"I
I. Introduction
On May 19,1980, as part of its initial
regulations implementing Section 3001 of
the Resource Conservation and
Recovery Act [RCRA), the Agency
promulgated rules governing the
identification and listing of hazardous
wastes. Among other things, these rules,
identified four characteristics .of
hazardous wastes which are to be used'
by all persons generating solid waste to
determine if the solid waste is
hazardous. (See 40 CFR Part 261,
Subpart C.) Pursuant to 40 CFR Part 261,
a solid waste is a hazardous waste if it
is not excluded by a provision of 40 CFR
261.4(b) and it exhibits one or more of
the characteristics of hazardous waste
identified in Subpart C of 40 CFR Part
261. "
One of the characteristics which EPA
has determined makes a solid waste a
hazardous waste is described as
"Extraction Procedure Toxicity" or "EP
Toxicity" and appears at 40 CFR 261.24.
In December, 1978, the Agency proposed
the EP toxicity characteristic as a
criterion for identifying hazardous
waste. No comments relating to
arsenical-treated wood or wood
products were submitted in response to
the proposal. In May, 1980, the Agency
promulgated the EP toxicity
characteristic as a final regulation. In
July, 1980, approximately one and one-
half years after the initial proposal of
the EP toxicity characteristic, the
American Wood Preservers Institute
(AWPI) first brought to the Agency's
attention the possibility that some wood
treated with arsenical-based
preservatives exhibits the characteristic
of EP toxicity and, therefore, might be
classified as hazardous waste when
disposed of, AWPI requested a delay in
the regulations' effective date with
respect to arsenical-treated wood.
II. AWPI Comments Relating to
Arsenical-Treated Wood
AWPI has requested that the Agency
delay action to classify treated wood as
a hazardous waste and to "clarify its
regulations to indicate that all types of
preserved wood, including arsenical
treated wood, do not constitute
hazardous wastes when disposed."
AWPI's request is based on two
arguments:
(1) the method of disposing of wood
treated with arsenical preservatives is
identical to registered uses of the
treated wood in place—ground contact;
and (2) the Office of Solid Waste should
await the outcome of the Agency's
Office of Pesticide Programs' pending
examination of wood preservatives. The
Office of Pesticide Programs is
reviewing the risks and benefits
associated with the use of arsenical .
wood preservatives as part of the
Federal Insecticide, Fungicide and
Rodenticide Rebuttable Presumption
Against Registration (RPAR) process.
(Arsenical wood preservatives are
pesticides under the.Federal Insecticide,
Fungicide and Rodenticide Act (FIFRA)
because they are applied to control fungi
and termites.) The RPAR review will
determine whether pesticide
registrations of arsenical wood
treatments should be modified or
canceled.
AWPI commented that application of
EPA's hazardous waste regulations to •
arsenical preservative-treated wood on
November 19,1980, would have
unintended consequences. For example,
construction companies, utility
companies, and other buyers of treated
wood could, become generators of
hazardous waste. AWPI supported its
request that the Agency await the
completion of the RPAR review by
pointing out that the RPAR review
would "examine all the environmental
effects of the use of treated wood,
including ground and marine installation
of arsenical-treated wood, such as utility
poles and pilings." AWPI contended
that the RPAR review would reveal that
ground-contact uses of arsenical-treated
wood would present no environmental
hazard and, consequently, that disposal
of arsenical-treated wood by land burial
presents no hazard.
HI. Amendments to 40 CFR 261.4 With
Respect to Arsenical-Treated Wood and
Wood Products
The Agency does not believe, that
implementation of RCRA regulations
that affect toxic chemicals that are
undergoing review for possible
regulation by a program administered by
EPA other than the Office of Solid
Waste necessarily should await the
conclusion of the other program's
review. In particular, the Agency
believes that substantial differences in
the statutory mandates of RCRA and of
FIFRA militate against deferring RCRA
regulation until the completion of RPAR
reviews. RPAR reviews do not include
analyses of waste streams and, thus, do
not relate directly to concerns about
hazardous waste. For example,
information relating to the risks
associated with the use of creosote- and
pentachlorophenpl-based wood
preservatives would have little direct
relevance to the hazards of disposal of
wastewater treatment sludges from
wood'preserving processes that use
creosote and/or pentachlorophenol.
These wastes are listed in 40 CFR
11 Jill1 P
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Federal Register / Vol. 45, No. 229 / Tuesday, November 25, 1980 / Rules and Regulations 78551
261.32. In a separate notice, the Agency
in fact has announced that it will not •
waij until the completion of the RPAR
review of wood preservatives before
proceeding with regulation of these
wastes under RCRA. 45 PR 74885,74888-
59 (November 12,1980}. The Agency-
recognizes, however, that in unusual
instances it may be appropriate to defer
action under RCRA while RPAR reviews '
are generating information.
The AgencySgrees-with AWPI that
the>RPAR review of wood preservatives
could provide meaningful information
with respect to the risks presented.by
disposal of arsenical-treated wood and
that it is appropriate for the Agency ta
defer temporarily the full impact of
characterizing arsenical-treated wood
as a hazardous waste until the pending
RPAR review has progressed further. As
AWPI has pointed out, ground-contact
uses of arsenical-treated wood'present
risks similar to the risks associated with
land burial of discarded arsenical-
treated wood. Therefore, the RPAR
review, which will analyze to some
extent the risks associated with ground-
contact uses of arsenical-treated wood,
is likely to produce information directly
relevant to the risk associated with
disposal of arsenical-treated wood by ..
land burial. In addition, the RPAR
review may provide guidance with
respect to waste management
procedures which might be specifically
appropriate to disposal of arsenical-
treated wood.
Although the Agency believes it
appropriate to await further progress of
the RPAR review of wood preservatives
before making. Subtitle C requirements
completely applicable to disposal of
arsenical-treated wood,, the Agency
believes that Subtitle C requirements
should apply immediately to arsenical-
containing wood wastes such°as wastes.
generated by sawmills or by facilities at
which arsenical preservatives are
applied to wood. These arsenical-
treated wood wastes are likely to be
generated and managed in larger, more
concentrated quantities than wastes
generated by ultimate; users of arsenical-
treated wood. Moreover, these
generators' wastes might be in a form—
such as sawdust—which presents risks
dissimilar to those which the RPAR
. review will analyze. In addition,
disposal of freshly-treated wood by
sawmills or processors is likely to
present greater hazards than wood
which has been treated years prior to
use and disposal.. For these reasons, ,
today's action provides a temporary
exclusion from Subtitle C*only for
arsenical-treated wood wastes
generated by persons who utilize such
treated wood or wood products for the
woods1 intended end use.
For the reasons set forth above, the
Agency has decided to defer, for an
estimated three to six-month period,
applying RCRA Subtitle C requirements
to discarded arsenical-treated wood or
wood products following these
materials' intended end use. It should be
noted, however, that the decision to .
await further progress, of the RPAR
review does not signify that discarded
arsenical-treated wood and wood
products will be excluded permanently
from all Subtitle C requirements if the
Agency's Office of Pesticide Programs
determines that certain ground uses of
arsenical wood preservatives do not
present unreasonable risks. Such a
determination under FIFRA does not
necessarily mean that the pesticide is
not hazardous; it may mean that the
economic benefits of a pesticide are
great enough that the risk should be
tolerated. This conclusion—if it is
reached by the Agency's Office of
Pesticide Program&—would not
necessarily indicate that the disposal of
arsenical-treated wood at the expiration
of its useful life should not be subject to
safeguards imposed under RCRA.
IV. Interim, Final Promulgation
This temporary exclusion from
Subtitle C requirements is being
promulgated in interim final form. Thus,
discarded arsenical-treated wood or
wood products following these >
materials* intended end use is na longer
subject- to Subtitle Crequirenfents on the
basis of the arsenical treatments. This
amendment is final for purposes of the
90-day petition deadline under Section
7006 of RCRA. The Agency, howeven is
soliciting comments on the amendment.
The Agency is making this
amendment effective immediately
because public comment has been
submitted and because delay in
promulgating the temporary exclusion
could cause significant harm to the
regulated community. Since it was
public comment which prompted the
Agency to promulgate .this amendment,
.the policy underlying solicitation of
comments, prior to the effectiveness of
regulations has been substantially
satisfied. The purpose of the temporary
exclusion is to defer imposing the full
Subtitle C requirements for only a few
months to await further development of
pertinent information. During this
period, the most likely sources of
possible hazard—entities such as
sawmills—will be subject to Subtitle C.
Thus, the Agency believes that there
will be sufficient protection of public
health. Accordingly, good cause exists
for adopting this regulation in interim
final form (see 5 U.S.C. § 553(b)(B}}.
V. Solicitation of'Public Comments
The Agency invites further public
comments with respect to any aspect to
today's action. In particular, the Agency
would welcome comments relevant to
the following issues:
1. What percentage of these wastes
fail the test forthe characteristic of EP
toxicity? Do any particular types of
arsenical-treated wood products, fail
more that others? What are the results
of particular EP toxicity tests for
arsencial-treated-wood products? (These
data should be currently available, in
light of generators' obligations under 40
CFR § 262.11 to determine whether their
waste is hazardous.! *
- 2. What are the usual disposal •
practices for these wastes? What
percentage of this material is reused,
what are the types of reuses, and what
' percentage of reuses constitute direct
land application of the material?
3. How many generators which are
not subject to the small generator
exclusion (40 CFR 261.5} would become
generators of hazardous waste but for,
the promulgation of today's exclusion?
What is the volume of waste that they
generate? ,.„
4. What modifications, if any, ia the
waste management standards
established in 40 CFR Part 264 and 40
CFR Part 265 should be made if the
Agency were to conclude that the
„ disposal of arsenical-treated wood by
all generators,should be subject to '
regulation under Subtitle C?
Dated: November 19,1980.
Douglas M. Costle, * ,
Administrator.
Title 40 CFR Part 261 amended as
follows: , .-
1. In 1261.4, Exclusions, addlhe
following paragraph (bj(8):
§26t.4 [Ame?jdedl . :
{b} * * *
(8} Solid waste which consists of
discarded wood or wood products
which fails the test for the characteristic
of EP toxicity and which is not a
hazardous waste for any other? reason if
the waste is generated by persons who
utilize the arsenical-treated wood "and
1 Today's action,, of course, does not excuse
generators of these wastes from their past
obligation to determine if their wastes are
hazardous and, in the case of large quantity
generators, to have notified the Agency as of August
18,1980. . . .• ,
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•". I,•'. i! , : -I,"': ••,„:' lift•I:! t :n,..••••.: ;'• i,(tl Jii! I,sj^'itt''.^;;* i ', • - . W^i
Federal Register / Vol. 45, No. 229 / Tuesday, November 25, 1980 / Rules and Regulations
wood products for these materials'
intended end use.
atumcooenw-tt
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 251
i1, • ,„!;: « ^liU! ..... M. ;,. i III1 "j ....... ',: ...... I:'!, I!":1 '. ...... . iijiijiir , ;
Hazardous Waste Management
System: Identification and Listing of
, . Hazardous Waste [[[ : "
AGENCY: U.S. Environmental Protection
Agency.
. ACTION; Final rule.
e'Environmentafprofection
Agency Is today finalizing its lists of
commercial chemical products, off-
specifieation products, and
Intermediates that, when disposed of,
are considered to be hazardous wastes
(40 CFR 281.33). These lists were
inlUnlly promulgated in Interim final
form on May 19, 1960 (45 FR 33124-
33127). In addition, the Agency is
deleting ethylencdiamine (Hazardous
Waste No. P053J, N-
nljsosodiphenyjamlne (Hazardous
Waste No. P08SJ, oleyl alcohol
condensed with 2 moles of ethylene
oXtda (Hazardous Waste No. P086), 1,2-
propaneaiol (Hazardous Waste No.
PlOO), and chlorodibromomethane
(Hazardous Waste Nos. U040 and U065)
from the list of generfcaUy-named
chemicals in § 261.33 (e) and (f), and
milking a number of technical changes
in the listing descriptions of other listed,
genericaUy-named chemicals. Appendix
VIII of Part 281 is being amended to
reflect these deletions, and to add one
compound whose name was omitted.
The Agency also is removing all trade
names from the lists of § 281.33 (e) and
(f). but clarifying that the scope of
§ 201,33 (e) and (f) includes in addition
to the commercially pure grades of the
chemicals, all technical grades, and all
formulated products in which the listed
chemical is the sole active ingredient.
Finally, the Agency is responding to
certain questions regarding the
interpretation of § 261.33, and indicating
that additional questions will be
answered Jn,a forthcoming Regulatory
Interpretation Memoranda (RIM).
SJATEs: Effective Date; November 19,
"1W0. However, persons handling
materials covered by this regulation
which are formulated products in which
a listed chemical is the sole active
ingredient, and who have not yet
notified the Agency due to a
misunderstanding of the scope of the
listings must do so by February 23,1980.
Facilities managing such wastes still
may qualify for interim status if they
submit a Part A permit application by
May 25,1981 (or, in the case of facilities
which already have applied to manage
other identified or listed hazardous
wrastes, if they submit an amended Part
"A application by that date). Interim
" status standards for all such facilities
become effective on May 25,1981.
ADDRESSES: The public docket for this
regulation is located in Room 2711, U.S.
Environmental Protection Agency, 401M
St., SW., Washington, D.C. 20460, and is
available for viewing from 9 a.m. to 4
p.m. Monday through Friday, excluding
holidays. *
FOR FURTHER INFORMATION CONTACT:
For general information, contact David
Friedman, Office of Solid Waste, U.S.
Environmental Protection Agency, 401M
Street, SW., Washington, D.C. 20460,
(202) 755-9187.
For information in implementation
contact:
Region I—Denis Huebner, Chief, Waste
Management Branch, John F. Kennedy
Building, Boston, Massachusetts
02203, (617) 223-5777.
Region II—Dr. Ernest Regna, Chief, Solid
Waste Branch, 26 Federal Plaza, New
York, New York 10007, (212) 264-0504/
5.
Region HI—Robert L. Allen, Chief.
Hazardous Materials Branch, 6th and
Walnut Streets, Philadelphia,
Pennsylvania 19106, (215) 597-0980.
Region IV—James Scarbrough, Chief,
Residuals Management Branch, 345 '
Courtland Street, N.E., Atlanta,
Georgia 30365, (404) 881-3016.
Region V—Karl J. Klepitsch, Jr., Chief,
Waste Management Branch, 230 South
Dearborn Street, Chicago, Illinois
60604, (312) 886-6148.
Region VI—R. Stan Jorgensen, Chief,
Solid Waste Branch, 1201 Elm Street,
First International Building, Dallas,
Texas 75270, (214) 767-2645.
Region VH—Robert L. Morby, Chief,
Hazardous Materials Branch, 324 E.
llth Street, Kansas City, Missouri
64106, (816) 374-3307.
Region VOL—Lawrence P. Gazda, Chief,
Waste Management Branch, I860
Lincoln Street, Denver, Colorado
80203, (303) 837-2221.
Region IX—Arnold R. Den, Chief,
Hazardous Materials Branch, 215
Fremont Street, San Francisco,
California 94105, (415) 556-4606.
Region X—Kenneth D. Feigner, Chief,
Waste Management Branch, 1200 6th
Avenue, Seattle, Washington 98101,
(206) 442-1260.
SUPPLEMENTARY INFORMATION: On May
19,1980, as part of its final and interim
final regulations implementing Section
3001 of RCRA, the Agency promulgated
as § 261.33 of the regulations a list of 361
commercial chemical products or
manufacturing chemical intermediates
which are hazardous wastes if they are
,,, discarded or tntendedjojbe discarded.
(45 FR 33124-33127.) Section 261.33 also
lists as hazardous wastes off-
specification variants and the residues
and debris from the clean-up of spills of
these 361 chemicals, if discarded or
intended to be discarded (§ 261.33 (b)
and (d)). Finally, § 261.33 lists as
hazardous wastes the containers and
inner liners of containers that have held
122 of these chemicals (those listed in
paragraph (e)), if they are discarded or
intended to be discarded, unless they
have been triple rinsed with an
appropriate solvent or have been
decontaminated in an equivalent
manner. (§ 261.33(c).) The regulation
also covers materials not specifically
listed by name, so long as they "have
the generic name listed in paragraphs (e)
or (f). . . ." (§ 261.33 (a), (b), (c), and
(d)0
The Agency received a large number
of comments on this regulation. The
comments for the most part challenged
the Agency's decision to list particular
substances as hazardous wastes. Some
questions also were raised regarding the
scope of the regulation, particularly with
respect to trade products containing a
listed chemical but not specifically
listed themselves. Comments also were
submitted concerning the difficulty of
determining the chemical constituents of
unlisted trade name products. Finally,
many questions have been received
regarding the interpretation of § 261.33.
We are setting forth in this preamble
our disposition of all listings of
particular substances, and a summary of
the basis for our decision.1 We also are ,
clarifying the scope of coverage of trade
products, and providing guidance as to
how to determine whether a given
tradename product is regulated under
this section. We also are responding to
certain of the interpretative questions
raised regarding § 261.33. Additional
questions will be answered in a
forthcoming Regulatory Interpretation
Memoranda (RIM).
•We also are indicating the appropriate
conforming amendments to Appendix VIII to Part
261.
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>• Federal Register / Vol. 45, No. 229 / Tuesday, November 25.1980 /Rules and Regulations 78533
''.-'• ,.."•• '• , \.Finalizatton of Chemical Product Names in § 26T.33 •. •• :
EPA hazardous waste No.
Compound name
Action 'taken
Reason
P0t9 and U160..
2-Butanone peroxide (Methyl ethyl Retone peroxide) Deleted from § 2S1.33(e>. Remains in
Added (Ft) designation.
P025...
f-(p-Chforobenzoyl)-5-methoxy-2-methyIindole-3- Moved from § 261.33(e) to § 261.33(1)..
acetic acid.. ^ .
P032 „ : Cyanogerr bromide .„ Moved from §261,33(e) to §261.33(f)..
P035..;..
..._ 2,4-Dicholorophenoxyacetfc acid C2.4-DJ Moved from J26t.33(e) to §26t.33(f)
' clarified. •
P052_
P053..
Bnylcyanide Deleted
Ethytenediamine .. „ Deleted.......
P061 _.. Hexachloropropene..
Moved from §261.33(e) to § 261.33(f)..
P079
FOBS.
Nitrogen peroxide Deleted
N-Nilrosodiphenylamine .',.. Deleted '.
Oteyf alcohol condensed with 2 moles of ethylene Deleted..
oxide-.
Pentachlorophenol.... , Moved from §26t.33(e> to J26t.33(f)...
P100
1,2-Prqpanedkrt..
Deleted....
§ 26t.33(f)-. 2-Butanone peroxide- and methyl, ethyl ketone perox-
ide, synonyms for the same compound, were mis-
takenly included in both the §261.33 (e) and (0
lists. This compound does not meet the criteria
for listing as an acutely hazardous waste! Howev-
er, the compound's oral (rat) LDSO of 484 mg/kg
qualifies it for continued inclusion in §261.33(f).
Moreover, the compound is reactive, since it is an
> . oxidizer..
..'. After evaluating the data supplied by the commenter
which indicated that the correct oral (rat) LDSO
value for the subject compound (also known as
indomethacin) is 1100 mg/Kg, not the cited 12
mg/Kg, the Agency concluded that waste does
not pose an acute hazard. However, since the
Agency's Carcinogen Assessment Group has
concluded that substantial evidence of carcino-
gencity. exists for indomethacin, the waste will •
remain fisted under § 26t.33(f) as UZ4S.
The LC50 value cited in the May 19th Background
Document was incorrect According to new data,
the compound does not meet 1he criteria for list-
ing as an acutely toxic waste. However, cyanogen
bromide's inhalation (rat) LCSO'of 4.35 mg/l/hr—
only slightly less toxic than the standard for an
acutely Hazardous waste—qualifies it for inclusion
as a hazardous waste. It thus remains listed
under S26t.33(f) as U24K
and listing Re-evaluation of this listing; in light of data received
during the comment period indicates that the
compo'und does not meet the criteria for listing as
an acute hazard. Since the toxicity of 2,4-D is
well recognized (for example, it is a National Inter-
im Primary Drinking Water Standard pollutant), the
compound is listed as a hazardous waste under
§261.33(f)asU240.
The active pesticide. (C.H,(CWOCH,COO moiety) is
marketed commercially in a number of chemical
forms. To. clarify that the listing is meant to cover
these various forms, the listing description has
been clarified by explicitly including 2,4-D's salts
and esters.
,. Listing duplicated P101 listing.
LDLo value cited in the May 19th Background Docu-
ment was incorrect. New data indicates that the
compound is unlikely to pose a substantial hazard
to human healthier the environment even, if the
, waste is mismanaged, so the waste therefore has.
been deleted from § 261.33.
The LC50 value cited in the May 19th Background
Document was incorrect According to new data,
the compound does not meet the criteria for list-.
ing as an ' acutely toxic waste. However,
hexa
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I .
78534 Federal Register / Vol. 45, No. 229 / Tuesday, November 25,1980 / Rules and Regulations
Mfaar;!^;^
''•'.•• ". '•: :'*i" '/..'."..'r,."/.'. •'.. ' •""."", : ;::'"r-^:>;,
I. FJnalization of Cfiem/cal Product Names in § 261.33 <«) andf.f)—Continued
A. Tha change* mada in response to comments on specific listings are described summarily below. More detailed explanations are
contained In the revised Background Document.
B*A twuniM* wutt No.
"' ' '"
Compound name
Action taken
I
Reason
U1C4 «.- .
Moved from J 281.33(e) to § £61.33(f) and listing According to the NIOSH "Registry of Toxic Effects
Changed to clarify the specific waste being regu- of Chemical Substances", tHiuram'is a synonym
lated. " !, ' for bisfdimethyllhlocarbamoyl) .disulfide. Cora-
mehts were received whjch indicated that other
compounds were also known as "thiurams". We
have accordingly changed the listing J'thluram" to
clarify that the intended compound is
"bfsfdlmethylthtocarbamoyl) disulfide".
Secondly, the LDLo data cited in the May 19th
Background Document was incorrect. According
to tha pew data, the waste does not meet the
standard for an acutely hazardous waste. Howev-
er, bis(dimethyltnlocarbamoyl) disulfide's synergis>
" ^ tic action with alcohol could pose a substantial
... * i hazard to human health if the waste was misman-
aged and, as a result, contaminated drinking
: 111 ' water. Thus the, compound has been listed in
g261.33(l)asU244.
ChtorodlbpmomeSiane and Dibromochtoromethane Deleted™ , ,.„ After reevaluaUng the available environmental and
. I , I lexicological Information, the Agency has conclud-
y ed that the Information is not conclusive enough
• ;.. * •- i I I I n |ii| to justify retaining the listing. Pending receipt of
I .additional ..data, the waste has been removed
| .from inclusion,under §261.33.,
,.„„«..„ CntofotorfM ™. .,...,.,..,„..,.,..,...„ ,... Deleted (I) designation . „ _. Mistakenly included. Chloroform does not have a
flash point below 6G'O.
ttmMtiytnttfoumlna.................. „ Deleted „...„., .Acutely toxic and remains Jisted as P082.
do .....I.................................................. Acutely toxic and remains listed as P048.
, Changed to (I) designation „, After considering the comments received, the
.;, ""!"..'• ;:",,",,;l-.';.;••'.;;'"; "«"•' ft>rf'; ;| ' V.™}; ;.;,'*• *"«'*?.'?*!"!8gency"h"a"s""lconcludeti""that"it" has" insufficient1 in-""
.„ Maffqlicqbijtyt totem —
[[[ [[[ . ,
;„",!", ": ', ":,;,::; '.,.:: :!; ..... ; ..... •;. v,-:':,1.111,::1;1. ,:"_!: ,:"„;;„:::;",::;,; ..... i:1:::::::,1:::::: formation to justify listing methanol for toxicity.
•irV;"r';!:ivS'"" 'lii1'1' ",'#' Jin '^V^.rr.SSri-'KSiiSii ..... UPWSyer, since it has a flash point of 11'C, It will
- ' "» ...... *"'"'•' ...... '"'"• "' ''' ......... ' s"|! ........... ' ..... "l!"l';l"i ...... "!™ ........... ?'• ........ l^tef ....... feted under ^61.33(f) as an (gnftible'
I,''-"'" _ ....... i ' "!•" ,:, '•'• ....... -.''' 'feste, ..... "" ' '
_ ,
....... ....,;.... p?1?1)??^ *J ffl "teiWS"! .••••:•-•••::•:••;••;•••• .......... ••••••• A^? 9°n"sidor'n9 "^ comments received, tlie
" ' " "' ..... '" ~ """ '" " ~ ........ " '"" "' ' ..... ' """" ..... " ' '", "'., " ,",;, "lI;""II,II".Agenlcy" 'has concluded that it has Insufficient ..... iri-
Qutnooes,,
. , . ,, . •. .
. .Changed to p-benzoqulnpne..... ------- . ........... „ .............. _As the May 19th Background Document indicated,
. ......... " ..... '"'- .................... , .......... " ..... ! ........... :": ........ ' ......... ;;";": ....... """ ......... the Agghc/i avalable lexicological data referred _,
I!1™;;:1- , - ,I:;;i,;;l:li!;,,:lii:; ,„;:: l;;;!:1:"i;, ..... ,„::;:"" ;r.i'.* J™!S.'!'J"!Si;. . ............ ,; ..... ^."Quinpne.?'' thus "jiigs..^?^^^^^^,. We are ac- ', .......
' ................... ''"' ...... ll"1"1"'"" ...... ...... : .......... .................. '": ....... '''' ....................
UtQtl,,,,,,.,,«,!,«
,
,. Added to feting ". , . and salts."
: , ' •--" "->v* ; I'Jn ! » "•' ' : - i'!:«Lfc,
"I;[ ^ *° *ne ^aX ^'n I'stlng Background Document
Si" summarizes adverse health and environmental ef-
..... •';'" fects associated with p-benzoqu!none,
.. The May 19th Background Document was intended
^ ...... include ...... both ..... Hie ..... parent,, i and , Its .salts, ...... since ...........................
'T11*,,! ,1,,:!:1 '""p";,,,;;,;™^^"!11^^^^^!1"^ ......
,:>!•!»•: M ......... IB! ............... ji; .Include) both forms. In light of. this common
• ...... : ............... ..... .................... iiin|1 usage, we do 'not believe that any notice and
iiu -.'w.MiiHipii comrrjent issues are present.
•' -'- ...... ;•" ..... fThe arguments that saccharin is not carcinogenic
............ i ...... i -Fimr' Vere 'i10* ^eSmod persuasive enough by the
Agency to warrant deletion from §261.33 list.
...... : ..... •"•',;.'.' 'V .^ l^r!"'.'1*.*^ .''''.' L"^!!!.!1!!".!^!!:^ ^^ saccharin poses a significant carcinogenic .
-..;.;. ,••;-;;;:',' ;;;,,'„; :':-;'•', •- :; -:l: ,,'•-, ..... •,:'„- T,— • hazard Is amply demonstrated b'y the warnings
" ............... : ............................. ..................... r;...|I ........ ! that are required by the Food & Drug Admmistra-
r"':.:*," "'.:"!,,; :' ..... :"ii , r livr fritw'j ..... t?ri;iiiiiii::j^^^^^ tion to appear on any food to which saccharin is
,„„. TijsJ)isxoltuoromothane_
Uroihtna ..,...,
UXW ,
.. Dofe'ed.,,, s.,.5sar «,•,.„.,,.,:
Ustlng description mpdjfted
1 "1"""1
b'Sting duplicated U121 listing.
,.,.....,„....,„, The original listing of urethane has been changed to.
!'l" :±l™^^^^^^^^ rdad "ethyl carbarnafelurefhan)''""to indicate more '•
i ; | i (. Clearly that the listing does not refer to either the'
..;. : i ini-ii'! i polymers commonly known as "polyurethanes" or
, , • ,;„: •. i their precursors.
Changed to (I) designation — Xylene was mistakingly listed as toxic instead of as
...-'c!,' ;•;*;.!.:;': .!,;.;.j,'i:.1,,:,:" ...j,,^ ignitable. Whiia .xylene does not appear to pose a
" : »... '• '"sufficient toxicity hazard for .listing as a toxic
..,. ,,,, '",.| ;;;.,„;...i,.. 'i.,,^.,,'tiii''!.;;;' "; ,«,'.unp...:!11!. i inr.,,;!:.!,!!!!,. i,..:it giiililiii.iiiiiiii waste, as the May 19th,Background Document in-
",\.M-&i (.'"iilHliii.;:,.11;''.!'", ijMfWjf.rf. Bt'((T:i*i'IBl* ..............•_
,i. ,t v I- ,1 rf.i i";, .n:11!1 •.... ill.:...." Tyii! in.1 i!i
dicated, xylane is an Ignitable waste due to its
flash point of" 27'C. ' ^ _' '^
8, In addition So the above changes mado in response to comments, the following changes, described summarily below, have been made
«• a result of the Agency's review of the interim final regulations. '
EPA tttzifstei* mute No,
Compound name
Action taken
Reason
pees...
Aluminum phosphide ..._._.....„ „
.:::-.,.,.„ C^an _*» s«K mxl^jTos not otherwise specified.,
Fwrie eymij* .—_..„.._„.„._,
,..., Added (T) designation _ :...,.. In addition to Its reactivity toward water (indicated in
i: I : ; the May 19th Background Document), the waste
' • ' ,;, ; fe1 also acutely toxic because of its toxlcityr The
•• : • : (T) designation had been omitted inadvertently.
..... Modilied lisUrig description.......— Clarify the meaning of the term "cyanides" injight
„„',„ ; ; •"„:-::,.;', :•:,",:,:- ;,::',;„:„;,;:,: ::.jf.-:^s;~:., •::,,±~l:: ol a comment which' indicated that the listing
.." ' :,,:-;:,;, ,.;,-; - riv,;'„•;; :':,:,:,", !„,!--„ ;,;;-=;; -; ...Tit,'.-, might be misunderstood. ,-
Deleted , Listing duplicated P030 lisling. •
,( i( liiillillliili 11 In
'liillll1 In I 111 I
III1
i'I All 1
n i iinii i i in,, i n linn i in i n MI
inniinnninnin innii nun nil nilninllnii nq niv|i in iiinii imp mil niiiiiiniinnnn i
II I
i!8::iiii.s '
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Federal Register / Vol. 45, No. 229 / Tuesday, November 25,1980 / Rules and Regulations 78535
I. Finalization of Chemical Product Names in § 261.33 (e) and (f)—Continued
EPA hazardous waste No.
Compound name
Action taken
Reason
P065 ~ Mercury fulminate _ Added (R) designation
The (R) designation was omitted inadvertently.
While mercury fuliminate is toxic (as the May 19th
Background Document points out), it fe also
acutely hazardous because of mercury fulminate's
Deleted..
P08O....U.......,.......;..»..».I Nitrogen tetroxide ; «
' P091 .~.u. i~..............~..._.Pheny! dichloroarstne.
P097 . Phosphorothfote acid, O,O-dfmethyl ester, O-ester Listing corrected..,
with N.N-dirnethyt benezene sulfonamide.
Tetranifromethane..... _ Changed to (R) designation....
UOCrt
™ AcetaFdehyde ; '„.. „. Changed to (I) designation..
UOOe. „_, ,.., Acetyl chloride..- .';.._ Added (R) designation
U01Z. Aniline...
Added (T) designation.;
U019 '. Benzene . „ , Added (I) designation
1)033 , Carbonyiiluoride , .,. .,~ Added (R) designation.....
U054 ----------------- .„
U055.:. ...... „..,»..„»„,„
______ '. ________ Cresylicacid
...„.„..„..„..„... Curnarte....,-.
...... ........... , ............ Deleted ...................................
.......,„..„.„.„....., __ _ ____ Changed to. ((} designation ..
U074..
t,4-Dichloro-2-fautene ..„ :_-..; „ Added (f) designation
UG85.
U117 4.
„. t,23,4.-Diepoxybutane... . i Listing corrected :..
.... Elhyl ether. „ ,„. „ L. ,.. Changed to (I) designation..
U140 , .Isobutyl alcohol
. U152 .: , Melnacrylonitrile ...
U153- „ Methanethiol ...
.U156. „_.., Methyl chlorocarbonate...
.. Added (I) designation.....
— Added (I) designation.....
,_ , Added (I)
~.~,...™. Added (I) designation.....
U162.
„ Methyl methacrylata..
Added (I) designation..
U17S. L—,. N-Nitrosodi-fl-propylamine - Deleted....:..':
| U194 , n-Propylamine :__:_ Added (T) designation
U223— _.„ Toluene diisocyanate. .._ _., Added (R) designation
U244..-. i Toxaphene.. „ '. ; Moved from § 261.33(1) to § 261.33(e)..
Listing duplicated P078 listing.
Listing duplicated P036 listing.
The Agency had mistakenly listed this compound. It
does not exist. The correct compound Is "Phos-
phorothloic acid. O,O-dimethyl O-tp-<(dimethyla-
mino)-sulfonyl)pheny!3 ester."
The (R) designation was inadvertently omitted.
While tetranitromethane is toxic (as the May 19th
Background Document points out), it is acutely
hazardous because of tetranitromethane's explo-
sive properties. . '
This compound does" not pose a sufficient hazard
for listing because of toxicity. However, acetakfe-
hyde's flash point of — 37.8°C classes it as a haz-
ardous waste byreason of ignitability.
The reactivity designation was mistakenly omitted
-from the listing, although the May 19th Back-
ground Document cited reactivity as a reason for
listing.
In addition to aniline's ignitable properties, it is also
toxic with an oral (rat) LD50 of 440 mg/kg (Merck
Index).
As well as being toxic, this compound, is highly ilarn-
mabte (10-12'C). (Merck iridex.)
In addition to-carbonyl fluoride's toxic' properties, as
the May 19th Background Document indicates, it
also.poses a hazard due to its reactivity.
Listing, duplicated U052 listing, which now reads
cresol and cresylic acid.
This compound does not pose a sufficient hazard
for listing because of toxjcity. However, cumene
poses an ignitability hazard due to its flash point
of 44"C.
A review of the literature indicated that as well as
being toxic, this compound is highly flammable
(flash point of 27°C).
Clarification, prefix omitted by mistake.
This compound does not pose a suffipient hazard
- for listing because, of toxicity. However, ethyl
, ethers flash point of -45°C classified it as an ig-
nitable waste.
This ignitability designation was mistakenly omitted.
. As the F005 Listing indicated, the waste posses a
flash point of 28°C. (See discussion in section I.
C. of this preamble,)
As well as being toxic, this compound is highly flam-
mable (12-C).
As well as being toxic, this compound is. highly flam-1
.mable(-18-C).
This designation was mistakenly omitted although
the May 19th Background Document indicated
that the waste presents a hazard due to
ignita
-------
....... ............ „„; .............. r ..... , ............. ,; ....... iir ........ ................. . ......... ............... ........ ..... ...... »„ ...... , ......... , ....... ,
ii ....... iIoro«thana,
Hi
UIM
Ptumol.. ...„
01M,,,
WW7.,
T«ti»cMorob«mien8,,»,,...
HIS'i'll I.;1:'", 4 1 fYl'T'iilii, ",«:,
The Agency admits that the .Health and Environmental Effects profile (or acrylanjWe
" ' was unaYaJlablilOf^Comrnent when, the, regulations were promulgated. However, the
Agency strongly believes that sufficient information on the toxlcity/carcinogeniclty of
this compound was presented In the listing Background Document for waste K014 to
.. . support the continued inclusion of acrylamide under §261. 33.
.., The comnjenler claims that this compound is not in commerical use. Pending verifica-
tion of the claim the compound will remain listed under i 26,1.33.
As was discussed, in the Health, and, Environmental Effects Profile cited in the May 19th
...... c Background Document, chlorobanzene is absorbed from the gastrointestinal tract and
Is ft) pifrmefgtelized to chlorinated phenols. Although its acute toxlcity is not very
high, fnar\y chfonlc effects have been noted. Continued administration at, low dosgs
inhibits red tjlotjd cell formation, induces eosinophilia, and chromosome changes in
the ra^t Decjeaged, ..... gDerrnaJggenesIs, .and, othej,, gsp^daj, ef{ects, .were ', slso, ..... noted jrj
male dogs and in female _ rats' encased, to tow doses., ,Ch|oro,hSnzene has also been
found to be niuiagenic in certain short term bioassays.
Commenter did pot present any data to argue against the continued listing of
dichlofodiflugrorpetharje andrlth8, vjgste th,MS will remairj listed. It should be noted (hat
the Agency's overriding concern with this compound, as with all chlorinated fluorocar-
bops, felatestgjjg ...... fact ...... ftiJ ..... chjorinajed ..... flupigcarbona n),ay indirectly cause -skin
cancer by depletion of the stratopheric ozone. For further information, the reader is
referred to the Listing Background Document "Spent Halogenated and ,Non-Ha!oge-
naled Solvents .and Still Bottoms/Sludges From The Recovery Of Those Solvents."
1. The Agency disagrees with the .comment Jhatdichtorornethane.tjpes ,,rjot pose a hazard
(f rflismanged, Although the" "NCI "sponsored bloassy studies have not been complet-
ed, EPA , has found suggestive gyidenqe of its, carcinogencity. Therefore, while the
Agency is revislpg the Background Document to indicate that dichlqrome,thane is only
a suspect carcinogen, ft bannpt Ignore this preliminary finding particularly in light of
the large quantity of this material in use and the likelihood, of its being discarded, For
jurthef (nfornggn,, Jjjg raiflgtjsrejerrecj, to the Listing gaokground Document "Spent •
Halogenated ana1 Non-Halogenated Solvents and the Still BptJoms/Sludges From the
Recovery of these Solvents." ,
, While these compounds are not acutely toxte'to man, they have been found to be tera-
........... Jp^nicin rats,,' causing' fetal resbitUon, gross abnormalities, and decre'ased fetal
welgK Dirr(ethlyl phthala!e,is mutagenlc in mtaroblal assay systems. In addition, a
^^recent, regort^lWater^Quaiity Criteria^ "Document: Phthalate Esters, NTIS, PB No. fij"-"
1i77eo}"fi^|cSedl''lihlaTneufoltbxiclelects have' been observed irt workers exposed to
' mixtures of phthalates.
.. Fluorotrichloromethane has heerj listed because of tha danger it poses to the earth's
ozone layer and thus Its removal from the list of toxic chemicals undei" §307 of .the
! Clean Water Act Is riot germane to the reason it was listed as a hazardous waste.
The Health and E/ivironmental Effects Profile cited jn the May 19, 1980 Background,
Document (Appendix A of the Listing Background Document) discusses and supports
the listing of this waste as tijxlc, More speciflcially; oral administration in rats of rela-
lively high concentrations of Ws substance resulted in biochemical and, histologjc
tjver changes. L^rar carcinomas and sarcomas as well as mycloid leukemia have also
been produced in this species. Additionally, this compound should also have been,
"jJtsBjj as jgnitablp in |261.33(f), since the May 19, 1980 l(stlng of "waste" FOOS clearly
Indicates that the compound is ignltable. The waste, in fact, possesses a flash point
28*C. Isobutyi alcohol also wBi be added to Appendix VII of Part 261, from which it
was omitted inadvertently. , "' „ i ,
, Contrary to claims of the conimenter, a Health and Environmental Effects Profile for
this compound was published (Appendix A of §§"261.31 and 261.32 Listing Back-
ground1 Documents, pp 435-453. According to this profile, release of pentachloroeth-
ana to the environment poses a potential hazard to aquatic ecosystems. For exam-
ple, according to the recent Water Quality Criteria Document (U.S^ EPA, Ambient
Wata/ Quality Criteria: Chlorinated Ethanes EPA 440/5-80-029. October 1980.), the
maximum cbne'entra.Uon that can be present In $U!taMjrat^J»IJh^ijt^dar${er to'ttw
exosVstem Is 38-87 ng/l. Pentachloroethane al^^'Slo1i^Tn^a^v^"V"fut)i4f r^w''!
for its, copfln,ued listing.
. The Agency strongly disagrees with the comment that mismanagement of waste phenol
does" not pose a hazard to human'heallh. While the carcinogenlcity of phenol has not
bee'h firmly established, both liver and kidney damage to humans will result from
chronic exposure to phenol with death a potential consequence, (n addition, the
acute toxlcity of phenol results in central nervous system depression with symptoms"
severe enough to earn phenol a toxicity rating of 'High* ip Sax (.Dangerous Properties
'oi'lrOluslHia' 'Materials, Fifth Edition, 1979, Van Nostrand Reinhqld Co.^New York).
This standard reference indicates that "death or permanent injury may occur due to
exposure at norrhal use . . .". thsrvfpre, the Agency will continue to include phenol
finder §261,.33(f). ...... ......
, While, the comrhenter believes" that compounds, such as this one, haying an oral (rat)
LDSO of ,570 mg/kg are not toxic, the Agency disagrees. Other standard sources sup-
port the Agency's viewpoint For example, "Clinical Toxicology of Commercial Prod-
ucts", (3rdn|pd.) considers cpmpounds which have an oral LD50 (as determined using
11 rats) in the range of 500 mg/kg to 5000 mg/kg to "be toxic to moderately toxic;
how
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Federal Register / Vol. 45, No. 229 / Tuesday, November 25, 1980 / Rules and Regulations 78537
EPA hazardous waste No.
Compound name
Action taken
Reason,
U226..:. :„ 1,1,1-Trichloroethane....
.U232 and U233 „ 2,4,5-Trichlorophenoxyacetic acid and 2,4,5-
' Trichlorophenoxypropionic acid.
of toxio and potentially carcinogenic arorHatic chemicals. Damage incidents of this
type actually have occurred in waste management practice (see listing Background
. Document on Toluene Diisocyanate Production),
No data was presented by the commenter to justify the contention that waste 1,1,1-
trichloroethane does not pose a health hazard and should not be listed. As the bioas-
says described in the May 19th Appendix A Health and Environment Effects Profile
indicate increased, tumor production was noted in animals treated with 1,1,1-
lrichloro
-------
i pi 1 if It I 'i|Ul Hill li|il|| in ( Ill 1 II l|| Illiiiill ill Ill I
78538
Federal Register / Vol. 45, No. 229 / Tuesday, November 25, 1980 / Rules and Regulations
, alrendy have been used for notification
'purposes.*
F. Asbestos.
The Asbestos Information Association
submitted extensive comments arguing
thai the Interlffl, final .listing of discarded
asbestos (as hazardous waste U013) was
procaduralty defective for want of prior
notice, and substantively unjustified •
because disposal is already regulated
tinder the National Emission Standard
for Asbestos (NESHAP) program (40
CFRPartei).
We disagree that the interim final
promulgation of the asbestos listing was
procedurally defective. In our view, the
opportunity to comment prior to any
regulatory effect of § 261.33 cures any
possible procedural deficiencies. The
situation hem thus is distinguishable
from those fa such cases as U.& Steel
Corp. v. BPAf 595 F.2d 207 (5th Cir.. "
1976}, «nd State of New Jersey "v, EPA,
1 F.2d (D.C. Cir., 1980), where
Interim final regulations became
effective prior to opportunity for
comment, " " ,
We *r% however, more impressed
with the commenter's substantive
argument. Certainly, duplicative
Regulation should be avoided where
poWible, We therefore are temporarily
deferring final promulgation of the
listing of asbestos while we investigate
further the relationship of the NESHAP
and the RCRA management standards,
and the extent to which NESHAl?
facilities afford comparable
environmental protection in managing
waste asbestos. One possible approach
would be to grant NESHAP facilities a
RCRA permit by rule, and apply
subitiintive RCRA standards to
discarded asbestos up until the point of
disposal. (See 1265.1(c) (1) and (2) and
1122.28 (a) and (b) where the Agency
has adopted a comparable approach for
hazardous wastes also subject to
regulation under the Marine Protection,
Research, and Sanctuaries Act, and the
Underground Injection Control program
approved or promulgated under the Safe
Drinking Water Act). Another approach
would be integration of the Toxic
Substances Control Act asbestps-in-the-
schools program, the NESHAP program,
and RCRA standards into a single
regulatory program. The NESHAP
pfograrii will serve as a safeguard
tgffllnsl pollution problems resulting
from asbestos disposal pending final
determination of this issue.
*Th* Agenqr hii'not. however, used RJPAC
mraH In Appendix Vtll of Part 201, in large part
btwnuM no questions have been raised about the
tdf pjttjr of the Appendix VIH compounds. The
Agency will eoni'Hter using lUPXb names in
Appendix Vltf if the rtguhted community believes
lh.it sue!) M changeIB warranted.
II. Trade Names Included in the List and
Scope of Coverage of the Regulation
A. The May 19th regulation applied to
all discarded commercial chemical
products, manufacturing chemical
intermediates, off-specification species,
and container and spill residues thereof
"having the generic name listed in
paragraphs (e) or (f)... ." 3
(§ 261.33(a), (b), (d).) The regulation thus
clearly included more materials than
those listed specifically in § 261.33(e)
and (f). A footnote to both § 261.33(e)
and (f) likewise indicated that the scope
of coverage of these provisions was
broader than materials listed by name: •
"The Agency included those trade
names of which it was aware; an
omission of a trade name does not imply
that the omitted material is not
hazardous. The material is hazardous if
it is listed under its generic name."
Included in this list of generically-
named materials were several hundred
trade name products (for example, RAT
AND MCE BAIT, RO-DETH, and
SPOR-KDL). As the above-cited footnote'
indicates, these trade names are
illustrative, and not the exclusive list of
hazardous discarded trade name
products. However, the form of the list
confused a number of commenters, who
questioned why other similarly-
constituted products were not named.
Other commenters complained that the
lists in (e) and (f) operated in a'
commercially discriminatory manner
because their products were included by
name, while other comparable products
were included only by reference.
In order JLo eliminate this confusion,
the Agency has decided to remove all
trade names from the list of generic
names in § 261.33(e) and (f). Since no
trade names now will appear in the
regulations the footnote to these
provisions also will be deleted. As
before, all trade name products having a
listed generic name are included within
the scope of the regulation. .
B. Questions also have been raised as
to the precise meaning of the regulatory
language "having the generic naine
listed in paragraphs (e) or (f)." The
Agency intends that this language
include the commercially pure grade of
the chemical, any technical grades of the
chemical that are produced or marketed,
and all formulations in which the
chemical is the sole active Ingredient.
This scope of coverage was expressed in
the May 19th regulation where hundreds
of such products were listed by name in
'Containers and liners are included insofar as
they held a material "having the generic name listed
in paragraph (e)." § 2Q1.33{c).
§ 261.33(e) and (f).4 We also believe that
this reading conforms to usual
understanding. Commercial chemicals
are almost never sold in pure form.
Generally,'a chemical need not be
present at full strength for a product to
have its intended effect, and so is
diluted to the desired concentration. For
practical purposes, however, the product
is considered to be the chemical
comprising its active portion. For
example, persons purchasing the
fungicide pentachlorophenol (U-242) do
not normally receive a pure chemical,
but rather a formulation (e.g., Permatox
DP-2) hi which the fungicide
pentachlorophenol is the active
ingredient. There is no doubt, however,
that this trade product formulation is
identified with the active chemical
constituent. Another more homely
example is the functional identity of
aspirin and acetylsalicylic acid even
though an aspirin is not pure active
acetylsalicylic acid 5
This understanding likewise is
reflected in the principal journals
cataloguing chemical substances. The
NIOSH Registry (National Institute of
Occupational Safety and Health,
Registry of Toxic Effects of Chemical
Substances (1978 ed.)), for instance, lists
generic chemical names along with the
synonymous commercial product trade
name, explaining that "commercial
product trade names are included . ...
when they represent a single active
chemical entity ... .," (id. at xvii.) The
Farm Chemicals Handbook (Meister
Publishing Co., 1979 ed.), probably the
basic reference source for information
on the agricultural chemicals industry,
likewise lists all trade products having a
generically-named chemical as the sole
active ingredient as "other names" for
that chemical. Similarly, manufacturers
of trade name products, in complying
with reporting obligations under the
Toxic Substances Control Act,
voluntarily and routinely report trade
names as synonyms for the pure
generically-named chemical even though
the trade product does not consist of the
chemical in its pure form. See, e.g.,
Toxic Substances Control Act Chemical
Substance Inventory, Volume II, p. Ill
(Arasan, Arasan 70, Arasan 75, Arasan-
M, Arasan 425, Arasan-SF, and Arasan
70-S Red listed as synonyms for
thiuram); p. 113 (Arsodent listed as
synonym for arsenic trioxide).
Public comment on the interim final
regulation likewise reflected an
*We are, however, adding appropriate clarifying
language to the comment to § 261.33.
5 Needless to say, neither aspirin nor
acetylsalicylic acid are hazardous wastes when
discarded. .
,, ..... .,,,, ...... ', ...... ...... „[,, ......... ;H ..... ,, ,,
Ii,!; iiillll"' I II! ' llln| 'Mill li'lllRl! W: !ll:|!:jl: '1IID JIIIV
;y.:?r •.• -a'; '^'•^'^'•^•^^^\
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Federal Register / Vol. 45, .No. 229 / Tuesday, November 25, 1980 / Rules and Regulations 78539
understanding that discarded products •
containing a generically-named
chemical as the sole (or in some .cases.
even the principal) active ingredient
were included by the regulation. The
Dow,Chemical Company, for instance,
commented that the "same generic
material" generally is sold under many
different trademarks, listing as an
example 38 chemical names, trade name
products; and synonyms for 1,1,1-
trichloroethane, widely-used as a
solvent. Almost all of these trade names
are not the pure chemical, but rather
contain the chemical as the (or an)
active ingredient.6 USS Agri-Chemicals,
another commenter, also indicated that
trade products need not be identical in
chemical composition to the generically-
named chemical to be thought of as that
•chemical.
The approach outlined above—that
products containing a geherically listed.
chemical as the sole active ingredient
are included within the scope-of the
regulation—has a number of significant
advantages. First, the approach seems to
reflect normal commercial
understanding. Further, a potential
unintended loophole for diluted
formulations of generically-listed
chemicals is eliminated. In_addition, the
regulation would have little practical
effect, and would be at odds with usual
understanding, if it were read as
applying only to pure chemicals, since
100% pure chemicals are used only
rarely in commercial practice.
There should be little question that
single active ingredient products .
containing a generically-listed chemical
as its active ingredient will usually and
frequently be toxic and thus hazardous
waste when discarded. The toxicity data
contained in the May 19th Background
Document indicates that most of the
chemicals need be present in only low
concentrations for the product to have
toxic effects. We further believe that
products which are identified with the
generically-listed chemical because the
chemical is the sole'active ingredient
will normally contain concentrations of
the chemical far higher than necessary
to produce toxic effects or will be
present in combination with so-called
inert ingredients which tend to magnify
its toxic effects [e.g., solvents and
surfactants). The products mentioned as
synonyms .for 1,1,1 trichloroethane in
6 Dow also commented that discarded products
containing chemicals measured by the characteristic
of EP toxicity should not bejisted in § 261.33, again
reflecting an understanding that products containing
a § 261.33 (e) or (f) chemical as an active ingredient
are covered by the regulation, since the comment
would have little point if a pure chemical was
involved [viz. a material containing 100% 2,4,5-T
would always fail the test for the characteristic of
EP toxicity). ,
Dow's comments, for example, contain
over 90% of the generically-listed '
chemical. We also note that many of the
trade products regulated under this
section are pesticides or fungicides,
produced for the express purpose of
destroying plant or animal life. It is
evident that such a substance, when
discarded, meets the RCRA definition of
hazardous waste.
We recognize that this regulation is
deficient in its failure to address
products containing mixtures of
chemicals listed in § 261.33 as then-
ingredients. Because these products are
normally not thought of as having a 1:1
relationship to a listed compound, we do
not think that we can address the
- problems by means of final or interim
final Agency action. We do intend,
however, in the near future to propose
an amendment to § 261.33 to cover .
active ingredient mixtures.
We also recognize that some persons
legitimately may not have realized the
intended scope of coverage of § 261.33
and thus may have not notified the
Agency that they generate these
materials, nor, in the case of treaters,
storers or disposers, filed a permit
application as required by sections 3010
and 3005(e) of RCRA. Since this failure" /
is, at least in part, due to ail ambiguity
in EPA's regulations, we do not believe
it fair to penalize persons who thus far
have failed to comply. Consequently,
persons handling products covered by
§261.33 which consist of a listed .-—
chemical as the sole active ingredient,
•and who have not yet notified the -.,'•.'
Agency, must do so by February 23,
1981.' Facilities managing these wastes
still may qualify for interim status if they
submit a Part A permit application (or an
amended-Part A application, in the case
of facilities which already have applied
to manage other identified _or listed ;
hazardous wastes) by May 25,1981.
C. A number of comments indicated
that trade name products listed .
specifically in the May 19th interim final
regulation do not contain a generically-
named chemical as the sole active
ingredient, or (in some cases) do not
refer to any specific product formulation
but rather to a family of products. Since
§ 261.33 as promulgated and finalized
applies only to sole active ingredient
formulations, these products are not
presently hazardous wastes when
discarded. Trade name products in this
category are D-CON (formerly listed as
waste P001), PERMATOX (formerly
'Under Section 3010 of RCRA, persons who
already have notified that they handle any
identified or listed hazardous waste are not
required to notify again.
listed as waste P090) and SANTOPHEN
(formerly listed as waste P090). The , - .
Agency"notes, however, that a-number
of products marketed under these
general trademarks are in fact products
• which consist of a compound listed in
§ 261.33(e) or (f) as its sole active
ingredient, and where this is the case,
that trade name .product is a hazardous
waste when'discarded. Examples are
PERMATOX DP-2 (technical grade
pentachlorophenol), and SANTOPHEN-
20 (sole active ingredient
pentachlorophenol).
Comments also reflected confusion
about two of the other trade name
products listed in the May 19th
regulation. Even though trade names are
now being removed from the text of the
regulation, we believe it is important to
clarify our intent. One commenter
indicated that it handles-a product
called 'METAFOS 164', a trademark for
the surfactant sodium
hexametaphosphate. The commenter
believed this product was included
under the May 19th listing of
'METAFOS', a trade product listed in
both the NIOSH Registry and the Farm
Chemicals Handbook as a synonym for
methyl parathion (P071). In fact, the
similiarity of product names appears
coincidental. The Agency, as stated,
intends to regulate only trade products
containing a listed chemical (in this case
methyl parathion) as the-sole active
ingredient, so that the product
METAFOS 164 would not be a ,
hazardous waste when discarded.
A second, similar situation arose with
"respect to another listed product,
"THIONEX'. THIONEX is a trade
product name for the pesticide
: endosulfan (waste P050) [Farm
Chemicals Handbook), and so is a
hazardous waste when discarded.
, According to a commenter, however, an
identically-named but chemically very
different product also exists. Obviously,
only the product consisting of the
pesticide endosulfan is a hazardous
waste when discarded. Confusion
caused by name similarity should be
addressed by determining the identity of
a product's active ingredient.
III. The Problem of Identifying Which
Discarded Trade Name Products Are '
Hazardous
The Agency is aware that many
persons handling commercial products
have found it difficult to determine
whether these materials are hazardous
wastes when discarded because the
product's chemical composition is not
always readily obtainable.
Manufacturers in many cases have been,
reluctant or have refused to-divulge this
information, in part because of concern
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,
I
78540 i ^ Federal i Register / VoL 45, No. 229 / Tuesday, November 25, 1980 / Rules and Regulations
for revealing proprietary data. In the
face of these difficulties, some
commenters went so far as to suggest
that generators not be responsible for
ootripySng with the regulations unless
they hsve actual knowledge of the
product's chemical composition.
The Agency Is taking a number of
steps to deal with this problem. First, we
wre.n.ow preparing a directory of
chemical products * which are
.. ha&rdloys iiaates when discarded,. The
Directory will include generic names,
other names by which the chemicals are
known {e.g,, myrbane oil for
nilrobereene) and the names of trade
products which are regulated under
S 201.33 as well as the applicable
hazardous was^e number. The Directory
will be advisory, not part of the
regulation itself, so that a defendant in
an enforcement proceeding will still be
able to show, that a waste listed.!!!.the,
Directory Is not a waste listed jn
I 261.33. By the same token, absence of
a product name from the Directory is not
a defense. Thfi Agency will expand the
Directory over time to try and provide
si Complete a list as possible.
A second form of Agency guidance is
the recently-Implemented RCRA
tadwtry Assistance Hotline. Persons
ttHstirfc whether the trade name product
(hoy are discarding is a hazardous
wasje may cal! this toll-free number and
provide the name of the product The
Agency will then provide advice as to
whether the product is a hazardous
waste and its basis for the
determination. As with the Directory,
the Agency's response will be advisory,
not a formal regulatory action. The
hotline telephone number is 800-424-
8310 {in Washington, D.C., 554-1404).
We also expect that persons unsure of
the huJtiiKJteusnes.s of, a, .given product
will aril the manufacturer of the
product. Although manufacturers may
not want to give out the formula for their
products, flic Agency believes It is
WfliJtmiible to expect suppliers to inform
customers |f $£poeal of the product is
regulated under either i 261.33[e3 or
I t61.33ff). Customers of course have the
option of refusing to deal further with a
supplier who will not divulge this
Information. __ , i
We disagree strongly with the
suggestion that generators lacking actual
knowledge of a product's chemical
compoiltlon remain unregulated. Such a
standard provides a strong Incentive for
generators not to determine whether
discarded products are hazardpjas
wastes. One purpose of RCRA is to
require closer attention and inquiry into
the potentially hazardous nature of
discarded materials, and generators of
discarded trade products are no
exception. Suggestions for further means
of dealing with the question of identity
are, however, solicited.
IV. Interpretative Issues
As noted above, most interpretative
questions involving § 261.33 will not be
resolved until publication of a
forthcoming RIM. Certain questions,
however, can be dealt with in this
preamble. j
A. Are solid wastes that contain one
or more df the chemicals listed in
§ 261.33 hazardous wastes by virtue of
containing.these materials?
Solid wastes which simply contain
one of the chemicals listed in § 261.33
are not thgreby hazardous. Where EPA
intends to list such wastes, it will do so
by listing them in |§ 261.31 and 261.32.
This intention is in fact clearly
expressed in the comment to § 261.33(d]
which is part of the promulgated
regulation. The purpose of § 281.33 is to
regulate only the listed cnemical
products and intermediates and their
trade name equivalents (and certain off-
specification variants, emptied.
containers 9 and spill residues and
debris thereof) as hazardous wastes
when they are discarded or intended to
be discarded.
However, when a solid waste is
mixed with one of these discarded
materials, the resulting mixture is a
hazardous waste until delisted (with
certain exceptions set forth in
§ 261.501}}. See § 261.3{a}(2}|li3. As set
out in § 261,3(b}(2), the solid waste
becomes a hazardous waste when the
mixing of the § 281.33 chemical takes
place either as an act of discarding that
chemical or the time the chemical is
intended for later discard (L&, at the
time the § 261.33 substance becomes a
hazardous waste}.
There are many situations where a
solid waste becomes a hazardous waste
by virtue of the actual or intended
discarding of materials listed in § 261,33.
Some of these situations are:
1. Where excess, expired or otherwise
unwanted commercial chemical
products or manufacturing chemical
intermediates are discarded by
discharging them into a wastewater
stream or are discarded by being mixed
into other solid wastes.
:2,. Wjjgre offrspecification materials
that, if they met specification, would be
" ita
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Federal Register / Vol. 45, No. 229 / Tuesday, November 25, 1980 /Rules and Regulations 78541
thereby conserve resources, while at the
same time avoiding the potential
hazards associated with discarding of
hazardous chemicals. The above
practices also avoid causing many
thousands of wholesalers, retailers and
users from becoming generators of
hazardous wastes because they will be
able to return the materials for reuse
instead of possibly discarding them. The
Agency believes that many of these
persons will be unfamiliar or not well
acquainted with the regulations and
to di
It is quite likely that, in some cases, a
manufacturer or suppher will find it
necessary to discard some portion of he
materials returned to him because he is
unable to reprocess, repackage, resell or
Use it. Where this OCCUrS, that portion
which is discarded becomes a
hazardous waste when it is discarded or
When a decision is made to discard the
. , T , . .. : .. .,
materiai. in tms situation me .
manufacturer or supplier is the
generator of a hazardous waste because
he is the "person. . . whose act. . .
produces hazardous waste . . . (see
the definintion of "generator" in '
§ORninl
A1 QQ
these articles to § 261.33.
Date: November 20, 1980, .
Douglas M.Costle,
Administrator.
PART 261-IDENTIFICATION AND
LISTING OF HAZARDOUS WASTE
• , -. .
Title 40, Part 261 of the Code 6f
Federal Regulations is amended as
follows: :
1. Revise § 261.33 to read as follows:
§ 261.33 Discarded commercial chemical
products, off-specification species,
containers, and spill residues thereof.
The following materials or items are
hazardous wastes if and when they are
discarded or intended to be discarded:
(a) Any commercial chemical product,
or manufacturing chemical intermediate
having the generic name listed in
Paragraphs (e) or (f) of.this section. ;
(b) Any off-specification commercial
chemica product oj manufacturing
chemical intermediate which, if it met
specifications, would have the generic ,
(c) Any container or inner liner
removed from a container that has been
U8ed to hold any commercial chemical .
product or manufacturing chemical .
Intermediate having the ieneric name
listed in paragraph (e} of this section,
unless1 -
(1) ?he container or inner liner has '
been triple rinsed using a solvent
ranahlp nf rpmovins the rommprrial '
capaoie 01 removing tne commercial
chemical product or manufacturing
chemical intermediate; or .
(2) The container Or inner liner has
been cleansed by another method that
has been shown in the scientific
literature, or by tests conducted by .the
. , i . . i i
generator, to achieve equivalent
removal; or '
(3) In the case of a container, the inner
liner thai; prevented contact of the
commercial chemical product or
manufacturing chemical intermediate
with the container, has been removed.
(d) Any residue of contaminated soil,
water or other debris resulting from the
cleanup of a spill, into or on any land or
water, of any commercial chemical ,
product or manufacturing chemical
intermediate having the generic name
us^d in paragraphs (e) or (f) of this
Section. [Comment: The phrase
"commercial chemical product or
manufacturing chemical intermediate
having the generic name listed in . . J"
refers to a chemical substance which is
manufactured or formulated for
commercial or manufacturing use which
Consists of the commercially purfe grade
* u • i A t
of the chemical, any technical grades of
the Chemical that are produced Or
marketed, and all formulations in which
the chemical is the Sole active
higredient. It does not refer to a
material, such as a manufacturing v
process waste, that contains any of the
substances listed in paragraphs (e) or (f).
Where a manufacturing process waste is
deemed to be a hazardous waste
because it contains a substance listed in
paragraphs (el or ffli such waste- will be
listed in either §§261.31 or 261.32 or Will
be identified as a hazardous waste by
the characteristics set forth in Subpart C
of this Part]
(e) The cbmmercial ch'emical products
or manufacturing chemical
intermediates, referred to in paragraphs
(a) through (d) of this section, are •
identified as acute hazardous wastes
(H) and are subject to the small quantity
exclusion defined in § 261.5(e).
[Comment: For the convenience of the
regulated community the primary
hazardous properties of these materials
have been mdicated by the letters T
(Toxicity), and R (Reactivity). Absence .
wastes and their corresponding EPA
Hazardous Waste Numbers are: .
Hazardous
was'eNa
Substance
P023 ........ , .......... :. Acetaidehyde, chioro-
P002 ...................... Acetamide, N-(aminothioxomettiyl)-
ppee ..
P00i
Acetimidic aoH, N-t(methyicar-
bamoyl)oxy]thio-, methyl ester
s-(aipha-acetonyibenzyi)-4-
hydroxycoumann and salts
poyoZ
pooe
Aluminum phosphide
™" ................. - NAminomethyi)-3-isoxazoioi
poo° ...................... 4-aAminopyridme
POOS .......... . .......... , Ammonium picrate (R)
P119 .................. .... Ammonium vanadate
poi2™I"IZ"" Arewlic'oi?) oxide
p011 ...................... Arsenic (v> oxide
- poi2™"""IZ"l' ArSio SfoxMe"8
poas™ ........ ...... ..... Arsme, diethyi-
poiaZZZZ" sfriurnVnide
P024 ........ ------- .... Benzenamine, 4-cWoro-
P042 ........ .
TO14__- ....... ........ eeenethto
P028.._ ............ :..... Benzyl chloride
1,2-Benzenedioi. 4-Ei-nydroxy-2-(methyi-
P017 ...................... Bromoacetone
m cyanide
piaaZZZZ camphene, octachioro-
PWS ............... . ...... caitamimidoseienoic acid
j^~;— ca*°n disS
POSB: ..................... carbonyi chloride
P024 .................. .... p-chiomaniiine
P°& ...... • ............... 1-(o,Ch!orophenyl)thiourea
p°27 ...................... s-chioropropionitriie
. P029 ........ y ........... . copper cyanides
P030 ............ ..7. ...... Cyanides (soluble cyanide salts), not else-
P031 where specified
PoasZZZZ". Cyanogen chloride
poss
p°39, ...... •
P041
P040...
p°«-- ..... •-
pwsZZ
Diethyiarsine "
o.o-raethyi s-c2-(ethyithio)ethyn
. Diethyi^phenyi phosphate
o.o-oiethyi o-pyrazinyi phosphorothioate
piios-
3,3-Dimethyi:i-(methyithio)-2-butanone, o-
Hmethyiaminojcarbonyi] oxime
O.O-Dimethyl O-p-nitropheny, phosphor
-------
» : i:i , B , n , I ni Ij I , , V ;n|Hj! n ji|in| i'^; h|||j , ,, ,
Federal Register / Vol. 45. No. 229 / Tuesday, November 25, 1980 / Rules and Regulations
Hs.-lfi.ui
Subsume*
KM.
Z,4.0tr*0f*(lnol
DinOMt)
D
. Benzene. dimethyHJJ)
. ,1,3-Benzenedtal
. Benzene, hexachloro-
. Bonzens. hexahydro- (I)
. Benzene,, hydroxy-
. Benzene, methyl-
, Benzeno, 1-rnothyl-1-2,4-dirti!ro-
.. Benzene, 1-methyl-2,6-dinitro-
. Benzeno, 1,2-methyfenedfoxy-4-aIlyl-
. Benzeno, 1,2-methyEenedioxy-4-propenyf-
. Benzena, l^-methytenedioxy-4-propyl.
. Benzene, (1-methylethyl)- (I)
. Benzene, nitre- (IJ)
. Benzene, pentacjiloro-
. Benzene, pentachloro-nitro-
. Benzenesulfonic acid chloride (C,R)
. Benzenesulfanyl chloride (C,R)
. Benzene, 1,2,4,5-tetrachloro-
. Benzene, (trichioromethyl).(C,H,T)
. Benzene, 1,3,5-trinltro- (B,T)
. Benzidine
, 1,2-Benzisothiazol!n-3-ona, 1,1-dloxids
, BenzoQ.Ufluorene
, BenzoCalpyrene
. 3,4-Ben:ropyrene
. p Bcnzoquinone
, Benzotrichksrlde (C.R.T)
, ,1,2-BenzphenanthrenQ
„ 2,S'^toxlrane (IJ)
, (1.1'-BlphenylH,4'-dlarain9
(1,V-BiphenyO-4,4'-diamlne, 3,3'-dfcNoro.
. (1,1'-Biph8nyl)-4,4--dlamlne, 3,3'-dimeth-
1!!';':!:;1!! • : :!!!'; '91"'"'
'"'"!)1* li'liiiSl^if i'li'1"!1-!'"!111!!;,!!1 'Jii 3!!£S^ • I
-------
Federal Register / Vol. 45, No. 229 •/ Tuesday, November 25, 1980 / Rules and Regulations 78543
Hazardous'
Waste No.
Substance
U095....r. .. ,.. (1,1'-Biphenyl)-4,4'-diamine, 3,3'-dirne.thyl-
0024 .'..'. Bis(2-chloroethoxy) methane "
U027 Bis(2-chloroisopr<)pyl) ether /
U244 Bisjdimethylthiocarbamoyl) dlsulfide
0028 Bis(2-ethylhexyl) phthalate
U246 Bromine-Cyanide
0225.:, Bromoform
U030. 4-Bromophenyl phenyl ether
U128 1,3-Butadlsne, 1,1,2,3,4,4-hexachloro-
O172.. 1-Butanamine, N-butyl-N-nitroso-
0035 , Butanoic acid, 4-f.Bis(2-chloroethyl)amino]
benzene-
0031 1-Butanol (I)
0159 _ 2-Butanone (I,T)
0160.. „ 2-Butanone peroxide (R,T)
U053 2-Butenal
U074 2-Butene, 1,4-dichloro- (I,T)
U031 n-Butyl alohohol (I)
U136 ." Cacodylic acid
0032.^:..., Calcium chrpmate
U238.... Carbamic acid, ethyl ester
U178 Carbamio acid, methylnitroso-. ethyl ester
U176 Carbamide, N-ethyl-N-nitroso-
• U177 .'. Carbamide, N-methyl-N-nitroso-
0219 Carbamide, thio-
U097 Carbamoyl chloride, dimethyl-
U215 Carbonic acid, dithailium(l) salt
U156 Carbonochloridic acid, methyl ester (I.T)
U033 Carbon oxyfluoride (R,T)
U211 Carbon tetrachloride "
U033 Carbonyl fluoride (R,T)
U034 Chloral
U035 Chlorambucil
U036...-. Chlordane, technical
0026.....". Chlornaphazine
' U037..... .-. Chlorobenzene
U245 1-(p-Chlorobenzoyl)-5-methoxy-2-
methylindole-3-acetic acid
0039;. 4-Chloro-m-cresol
U041 /. 1-Chloro-2,3-epoxypropane
0042: 2-Chloroethyl vinyl ether
U044 I ."... Chloroform .
U046 Chloromethyl methyl 'ether
0047 beta-Chloronaphthalene
U048 o-Chlorophenol
U049 „ 4-Chloro'-o-toluidIne, hydrocnloride
U032._ _ Chromic acid, calcium salt
U050 Chrysene
U051 Creosote
O052 Cresols
U052 Cresylic acid
U053 Crotonaldehyde
U055 Cumene (I)
U246 Cyanogen bromide
U197 1,4-Cyclohexadienedione
U056 Cyclohexane (I)
U057 Cyclohexanone (I)
U130 1,3-Cyclopentadiene, 1.2,3,4,5,5-hexa-
chloro-
U058 Cydophosphamide
U240 2,44-D, salts and esters
U059 Daunomycin
0060 ;... ODD
0061 DDT -
U142 Decachlorooctahydro-1,3,4-metheno.-2H-
cyclobutatc.d]-penta!en-2-one
U062 Diallate'
U133 Diamine (R,T)
U221 biaminotoluene
U063 DibenzEa,h]anthracene
U063 1,2:5,6-Dibenzanthracene
0064 1,2:7,8-Dibenzopyrene
U064 Dibenzr,a,i]pyrene -
U066 1,2-Dibromo-3-chloropropane
U069 '. Dibutyl phthajate
U062 S-(2,3-Dichloroallyl)
dflsopropylthiocarbamate ~
U070 o-Dichlorobenzene . ,
U071 ... m-Dichlorobenzene
U072 p-Dichlorobenzene
0073....; 3,3'-Dichlorobenzidine
U074 1,4-Dtehloro-2-butene (I.T)
0075 .. Dichlorodifluoromethane
U192 3.5-Dichloro-N-(1,1-dimethyl-2-propyny!)
benzamide
U060 Dichloro diphenyl dichloroethane
U061 Dichloro diphenyl trichloroethane
U078 1,1-DichloroethyIene
U079..r. . „ 1,2-Dichloroethylene
0025 Dichloroethy! ether
U081 2.4-Dichlorophenol
U082 2,8-Dichlorophenol
U240 ". ..:. 2,4-Dichlorophenoxyacetio acid, salts and
esters
Hazardous
Waste No.
Substance
U083 1,2-Diohloropropane
U084 1,3-Dichloroprbpene
U085 1,2:3,4-Dlepoxybutane (I,T)
U108 1,4-Diethylene dioxide
O086 ..... N,N-Diethylhydrazine
U087... ! O,O-Diethyl-S-methyl-dithiophosphate
U088 .._ Diethyl phthalate
U089. Diethylstilbestrol ,
U148 1,2-Dihydro-3,6-pyradizinedione
U090 Dihydrosafrola •
U091 _:. 3,3'-Dimethoxybenzidine
U092 ...: Dimethylamine (I)
IJ093 Dimethylaminoazobenzene
U094 7,12-DimethylbenzCaJanthracene
U095 .-. 3j3'-Dimethylbenzidine
IJ096 alpha.alpha-Dimethylbenzylhydroperoxide
U097 Dimethyloarbamoyl chloride . .
U098 1,1-Dimethylhydrazine
IJ099 1,2-Dimethylhydrazine
U101 2,4-Dimethylphenol
U102.....' Dimethyl phthalaia
O103 Dimethyl sulfate
U10S 2,4-Dinitrotoluene
U106 2,6-Dinitrotoluene
U107 Di-n-ootyl phthalate
U108 J,4-Dioxane
U109 , 1,2-Diphenylhydrazine • .
U110 Dipropylamine (I)
Ut11 Di-N-propylnittosamine
U001 Ethanal (I)
U174 Ethanamine, N-ethyl-N-nitroso- ,
U067 Ethane, 1,2-dibromo- -
U076.,.. '..... Ethane, 1,1-dichloro-
U077 Ethane, 1,2-dichloro-
U114 1,2-Ethanediylbiscarbamodithioic acid
U131 Ethane, 1,1,1,2,2.2-hexachlorb-
U024 Ethane, 1,1 '-[methylenebls(oxy)3bis[2-
chloro- . •
0003. Ethanenitrile (I, T)
U117 Ethane',1,1'-oxybis- (I)
0025 Ethane, 1,1'-oxybis[2-chloro- -
U184 Ethane, pentachloro-
0208 '. Ethane, 1,1,1,2-tetrachloro-
U209 Ethane, 1,1,2,2-tetfachlord-
U218.......: Ethanethioamide
U227 .„. Ethane, 1,1,2-trichloro-
U043 :... Ethene, chloro-
U042..... Ethene, 2-chloroethoxy-
U078.. -Ethene, 1,1-dichlorb- .
U079 Ethene, trans-1,2-dichloro-
U210 Ethene, 1,1,2,2-tetrachloro-
U173..- Ethanol, 2,2'-(nitrosoimino)bis-
U004 : Ethanone, 1-phenyl-
U006.. Ethanoyl chloride (C,R,T)
U112 Ethyl acetate (I)
U113 Ethyl acrylate (I)
U238 Ethyl carbamate (urethan)
U038 Ethyl 4,4f-dichlorobenzilate
U114 Ethylenebisfdithiocarbamic acid)
U067 Etylene dibromide
U077 Ethylene dichloride
U115 Ethlene oxids (I.T)
U116 Ethylene thiourea
U117... Ethyl ether (I)
U076 Ethylidene dichloride
U118_.« ;... Ethylmethacrylate
0119 Ethyl methanesulfonate
U139 Ferric dextran
U120 Fluorarithene
0122....... _ Formaldehyde '
0123 „ Formic acid (C,T) .-
O124.. Furan (I)
U125 2-Furancarboxaktehyde (I)
O147 .• 2,5-Furandione "
O213 — Furan, tetrahydro- (I)
0125 „ Furfural (I) ^
0124 ,'..„ Furfuran (I)
O206 D-Glucopyranose, 2-deoxy-2(3-methyI-3-ni-
- trosoureido)-
U126 Glycidylaldehyde
0163 Guanidine, N-nitroso-N-methyl-N'nitro-
0127 _ Hexachlorobenzene
O128 Hexachlorobutadiene '
O129.._ „ Hexachlorocyclohexane (gamma Isomer)
0130 _ Hexachlorocyclopentadiene
0131 . Hexachloroethane
O132 Hexachlorophene
O243 ;. ,. Hexachloropropene
0133 Hydrazine (R,T)
0086.. Hydrazine, 1,2-diethyl- ."
0098 Hydrazine, 1,1-dimethyl-
0099 Hydrazine, 1,2-dimethyl-
Hazardous
Waste No.
Substance^
0109 Hydrazine, 1,2-diphenyl-
0134 t, Hydrofluoric acid (C.T)
0134 Hydrogen fluoride (C.T) •
0135 Hydrogen sulfide
0096 Hydroperoxide, 1-methyl-1-phenylethyl-(R)
O136...., Hydroxydimethylarsine oxide
O116 ...;.. 2-lmidazolidinethione
O137 lndenod,2,3-cd]pyrene
0,245 Indomethacin
0139 7. Iron" dextran
0140 Isobutyl alcohol (I,T)
0141 Isosafrole
0142 Kepone
0143 Lasiocarpine
0144 Lead acetate .
0145.... Lead phosphate
0146 Lead subacetate
0129 Lindane
O147 „. Maleic anhydride
0148 ^ • Maleic hydrazide
O149 Malononitrile
0150 Melphala'n
0151 Mercury
0152 Methacrylonitrile (I,T)
0092....;..; Methanamine, N-methylr (I)
0029 ..., Methane, bromo- :
0045 Methane, chloro- (I,T) ,
O046 Methane, chloromethoxy-
0068 Methane, dibromo-
-0080 Methane, dtchloro-
0075 Methane, dichlorodifluoro-
0138 Methane. Jpdo- . •" -
0119 Methanesulfonic acid, ethyl ester
O211.,;... : Methane, tetrachloro-
0121 „. Methane, trichlorofluoro-
0153 Methanethiol (I,T)
0225 Methane, tribromo-
0044 Methane, trichloro-
0121 Methane, trichlorofluoro-
0123 Methanoic acid (C,T)
0036 4,7-Methanolndan, 1,2,4,5,6,7,8,8-octa-
chloro-3a,4,7,7a-tetrahydro-
0154 „ Methanol (I)
O155. Methapyrilene
0154 „ Methyl alcohol (I) ,
0029 : .„ „ Methyl bromide .
0186 1-Methylbutadiene (I)
O045 Methyl chloride (I,T) ,
0156 Methyl chlorocarbonate (I,T)
O226 :... Methylchloroform
0157 3-Methylcholanthrene
0158 .." 4,4'-Methylenebis(2-chloroaniline)
0132 ..„ _... 2,2'-Methylenebis(3,4,6-trichlorophenol)
0068 Methylene bromide *
0080 Methylene chloride '
0122 Methylene oxide
0159 :.... Methyl ethyl ketone (I,T)
0160 Methyl ethyl ketone peroxide (R,T) ,
O138.... .'.... Methyl iodide.
0161 Methyl isobutyl ketone (I)
0162 Methyl metffacrylate (I,T)
O163..... N-Methyl-N'-nitro-N-nitrosoguanidine
O161 4-Methyl-2-pentanone (I)
O164._ Methylthiouracil
O010 :. MitomycinC
O059 5,12-Naphthacenedione, (8S-cis)-8-acetyl-
10-t(3-amino-2,3,6-trideoxy-alpha-L-lyxo-
\ hexopyranosyi)oxyl]-7,8,9,10-tetrahydro-'
' 6,8,li-trihydroxy-1-methoxy-
0165 „ Naphthalene
0047 Naphthalene, 2-chlorp-.
0166 '. 1,4-Naphthalenedione
0236 2.7-Naphthalonedisulfonio acid, 3,3'-t(3,3'-
dimethyl-(1.1'-biphenyl)-4,4'diyl)]-bis
(azo)bis(5-amino-4-hydroxy)-,tetrasodium
salt ' '
0166 1,4,Naphthaquinone
O167 1-Naphthylamine
O168... 2-Naphthylamine
0167 .-. alpha-Naphthylamine
0168 beta-Naphthylamine
0026 2-Naphthylamine, N,N'-bis(2-chloro-
methyl)-
0169 Nitrobenzene (I.T)
O170 p-Nitrophenol
0171 2-Nitropropane (I)
0172....... N-Nitrosodi-n-butylamine
0173 N-Nitrosodiethanolamine
O174 N-Nitrosodiethylamine
0111 N-Nitroso-N-propylamine
O176 N-Nitroso-N-ethylurea
0177.....:...... N-Nitroso-N-methylurea
0178 '. N-Nitroso-N-methylurethane
-------
V!U
78541 Federal Register / Vol. 45, No. 229 / Tuesday, November 25, 1980 / Rules and Regulations
Hmwdou*
SubHsnot
DIM.,,
U0«».
U1I8,~
1.».OaWoi«««, itZ-dWcto-
a-M,3,Z-Own»p»wspri«ln«, 2-IWsff-
cWoro- tt9Q«ninoIteU#iydra> oxkta 2-
Orion* &T) ' ...............
Ut«
UIS4
UISS
U3*Z
111*8
P«o(»£>tfc)«>ri*obtn2«n*
UtW
U04«
OKJf
UOtl
W0«f
UtOI
UllO
UWJ
UtlZ
'UNO
UW1
Ptwracela
PftMol
PtMiXX. XNwo-
Ptonol. 24-dfcMore-
Ptwnol, atMchkm-
Phwwt, Z,4.*M»Jy*.
Ptitoet 2,4,54fW*«>-
Phwot, *.4,*«rid*>co-
OOiT_
UI88
Ul»0
Uf»l
WtM
U1W
01 10
OOJ8
U!4»
uiu
Plwtphoffc acid. Lett! sa!t
PteiphorcdlMoto »cW. 0,0-dWhy)-, S-
PMfate mhystW*
PromrnU*
t-ftopannkNi 9.T)
l-Profanae**, N-propyl- (9
PraptmdMM*
PWPK», 24*0- n
PwpKW, Z^tscybWZ-ehtoo-
uua
OH*
,UOO»
UC-C7 ,
1-Ptcptnot, 2.3-dtxomo-, phosphate (3:1)
wJiopnooi. a.a-»poxy-
1-ftopMOl, Z-nwVyl- ftl)
Z Propanof* ft
UOO*
UiU
UOOS
UIU
t-Picpao*. t,tA3AS-t»x»clitoto-
Z-Pnjjseoonhtei Z-raothy!. (1,1)
2 P»op«ne*j Kkt W
84>tep«nDic add, Miyf wtec (!)
Mtaptewlc »c>d, 2-«ithj«., etl^l ester
, 2-rwlhyf-, molhyi ester
Suto hy*tf«
SuTliiC «.:J. cfcwihy! estoc
Hazardous
Waste No.
Substance
— Thioniethanol (1,7)
Thlourea
_. Tl*anl
.... Toluene '
__. ToluanatSararna
™^. Tdu^na dBsocjranate (R,T)
O-ToluIcftie hydrochtorlda
1H-1,2.4-TriazoM-ainine
1,1,1-Trfchloroethane
1.1,2-TrtchJoroethana -
TJichtofoeShena
Trtehloroethytene
TrichtofonionoOuororaethane
2,4.5-T*k*iotophenot
2,4,6-Trtchtoiophonol
2,4,5-Trichloioph(Mioxyacetta acid
sym-Trinitrobsnzene (R.T)
1,3,5-Trfoxane, 2,4,5-trimethyl-
TtisC2,3-dita«OTOpropy|) phosphate
Trypan blue
, Uracll. 5t,bfe(2-cWo>ofnethyl)amIno]-
^ Uracfl mustard
Vinyl chloride
Xylene flj
Yohimban-ie-carboxylfc acid, t1,17-dl-
methoxy-18-[(3h4,5-trimQthoxy-
benzoyDoxy]-, methyi ester,
Appendix VIII[Amended]
2. In Appendix VIII of Part 261, delete
the following compounds:
•Ethylenediamine
-N-NitrosodiphenyJamine
-.Oleyl alcohol condensed with 2 moles'
ethylene oxide
-1,2 Propanediol
Appendix VIII [Amended]
3. In Appendix VIE of Part 261, add
the following constituent alphabetically:
-Iso butyl alcphol
These regulations are issued under the
authority of Sections 1006, 2002(a) and
3001 of the Solid Waste Disposal Act, as
amended by the Resource Conservation
and Recovery Act of 1976 (RCRA), as
amended, 42 USC 6905, 6912(a) and 6921.
IFR Doc. 80-3680S Filed 11-21-80; 2:51 pm(
BILLING CODE 6560-30-M
40 CFR Part 261
[SWH-FRL 1680-51
Hazardous Waste Management
System; identiffcation and Listing of
Hazardous Waste
AGENCY: U.S. Environmental Protection
Agency.
ACTION: Grant of temporary exclusions
and request for comment.
SUMMARY: The Environmental Protection
Agency (EPA) is today temporarily
excluding solid wastes generated at
several particular generating facilities
from hazardous waste status. These
temporary exclusions respond to
delisting petib'ons submitted under 40
CFR 260.20 and 260.22 and are granted
pursuant to 40 CFR 26Q.22(m). The effect
of this action is to temporarily exclude
certain wastes generated at these
facilities from listing as hazardous
wastes under 40 CFR 261, and from the
management standards issued by EPA
under Sections 3002 tiirough 3006 of
RCRA (40 CFR Parts 262 through 265 and
122 through 124 of this Chapter).
DATES: Effective date: November 19,
1980.
EPA will accept public comments on
these temporary exclusions until
January 26,1981. Any person may
request a hearing on these temporary
exclusions by filing a request with John
P. Lehman, whose address appears
below, by December 17,1980. The
request must contain the information
prescribed in § 260.20(d) of this
chapter.
ADDRESSES: Comments should be sent
to the Docket Clerk, Office of Solid
Waste (WH-562), U.S. Environmental
Protection Agency, 401 M Street, S.W.,
Washington, D,C. 20460.
Requests for hearing should be .
addressed to John P. Lehman, Director,
Hazardous and Industrial Waste
Division, Office of Solid Waste (WH-
565), U.S. Environmental Protection
Agency, Washington, D.C. 20460.
Communications should identify the .
regulatory docket number "Section f
3001/DeIisting Petitions."
The public docket for these temporary
exclusions is located in Room 2711, U.S.
Environmental Protection Agency, 401 M
St., S.W., Washington, D.C. 20460 and is
available for viewing from 9 a.m. to 4
p.m., Monday through Friday, excluding
holidays.
FOR FURTHER INFORMATION CONTACT:
Myles Morse. Office of Solid Waste
(WH-565), U.S. Environmental
, Protection Agency, 401 M St., S.W.,
Washington, D.C., (202) 755-9187.
SUPPLEMENTARY INFORMATION: On July
16,1980 and November 12,1980 as part
of its final and interim final regulations
implementing Section 3001 of RCRA,
EPA published lists of hazardous wastes
from non-specific and from specific
sources. See 40 CFR §§ 261.31 and 261.32
(45 FR 47832-47836 and 74890-74892).
These wastes were listed as hazardous
because they typically and frequently
exhibit either any of the characteristics
of hazardous wastes identified in
Subpart C of Part 261 (ignitability,
corrosivity, reactivity and EP toxicity) or
meet the criteria for listing contained in
§§ 261.11(a)(2) or261.11£a)(3).
The Agency, however, recognizes that
individual waste streams may vary
depending on raw materials, industrial
processes and other factors. Thus, While
a type of waste described in these
regulations generally is hazardous, a
specific waste meeting the listing
description from an individual facility
may not be hazardous. For this reason,
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Federal Register / Vol. 45, No. 229 / Tues'day, November 25, 1980 / Rules and Regulations 78545
§ § 260.20 and 260.22 provide a delistihg
procedure, allowing persons to
demonstrate that a specific waste from a
particular generating facility should not
be listed. To be delisted, petitioners
must show that the waste produced at •
their facilities does not meet any of the
criteria under which the waste was
listed, and, in the case of an acutely
hazardous waste, that it also does not
meet the criterion of § 261.11(-a)(3). (See
§ 260.22(a).) Wastes which are delisted
may, however, still be hazardous if they
exhibit any of the characteristics of a
hazardous waste and generators remain
obligated to make this determination.
In addition to wastes listed as
hazardous in §§ 261.31 and 261.32, waste
mixtures containing a listed hazardous
waste and residues from the treatment,
storage, or. disposal of listed hazardous
wastes also are eligible for delisting
(and in fact remain hazardous wastes
until delisted). (See §§ 261.3(a)(2)(ii), (c),
and (d)(2).) Again, the substantive
standard for delisting is that the waste
not meet any of the criteria for which
the waste was listed originally. Where
the waste is a mixture of solid waste
and one or more listed hazardous
wastes, or is derived from one or more
listed hazardous wastes, the
demonstration may be made with
respect to each constituent listed waste,
or the waste mixture as a whole. (See
§ 260.22(b).) Like other delisted wastes,
delisted mixtures and delisted
hazardous waste treatment, storage or
disposal residues remain subject to
subpart C of Part 261, and so may be
hazardous if they exhibit any of the
characteristics of hazardous waste.
EPA recognizes as well that there will
be circumstances where immediate
action on delisting petitions is
appropriate. Therefore, upon Agency
review of a submitted petition, the
Administrator may under § 260.22(m)
grant a temporary exclusion if there is
substantial likelihood that an exclusion
will finally be grantedv
The Agency to date has received 30
delisting petitions. Based on EPA's
review of these petitions, seven
temporary exclusions have been granted
as indicated by today's publication. To
allow the Agency to concentrate its
efforts on petitions relating to waste
listings becoming effective on November
19,'1980, the Agency has deferred action
on five petitions which involve the
interim final waste listings of July 16,
1980 (which become effective on January
16,1981). An additional eight petitions
have been mooted by amendments of
the May 19, interim final hazardous
waste listings (see 45 FR 74036 (October
30,1980) and 45 FR 74884 (November 12,
1980)). Five other petitioners have been
notified that the data supplied is
insufficient and that additional
information would be necessary in order
to process their petitions. The remaining
petitions were submitted too recently for
the Agency to complete its evaluation
by November 19,1980. Additional
temporary exclusions may be granted
when our evaluation is completed.
It should be noted that the Agency has
not run spot checks on the test data
submitted to date in delisting petitions.
The Agency believes that the sworn
affidavits submitted with each petition
sufficiently bind the/petitioners to
ensure presentation of truthful and
accurate test results. The Agency may,
however, spot sample and analyze
wastes and/or groundwater before a
final decision is made whether to
exclude any particular waste from the
hazardous waste regulations.
We also note that the temporary '
exclusions granted today apply only to
the Federal hazardous waste
management system established under
the RCRA. States remain free to take
any action .they deem appropriate with
regard to these wastes. ,
The temporary exclusions published
today involve the following petitioners: ,
The Stablex Corporation, Radnor,
•Pennsylvania, for its proposed waste
treatment/stabilization facility in
Groveland Township, Oakland County,
Michigan; the Firestone Wire and Cable
Company, Danville, Kentucky; the
Fosbrink Machine Company,
Connellsville, Pennsylvania; the General
Electric Company/Lighting Business
Group, Conneaut, Ohio; John Deere Des
Moines Works, Des Mpines, Iowa;
Johnson Steel and Wire Company, Inc.,
Worcester, Massachusetts; and Dresser
Industries, Inc./Tool Group, Johnson
City, Tennessee. The Agency has
determined as a result of analysis of
treatment processes, waste constituent
and leachate test data, and specific
product formulation lists, that these
petitioners may receive final exclusions
for their wastes and therefore, that the
granting of temporary exclusions is
appropriate. The final decision, to
exclude the wastes described above,
will be made after the Agency receives
additional testing and operational data
(as specified in this publication) and
reviews the comments submitted in
response to this notice.
Discussion of Specific Temporary
Exclusions
/. Stablex Corporation
A. Petition for Delisting. The Stablex
Corporation (Stablex) plans to operate
several hazardous waste treatment
facilities, utilizing industrial waste
treatment processes and stabilization
techniques which are designed to
produce a solid cementitious landfill
material. Stablex presently is applying
for the necessary state and federal
permits to construct and operate a
hazardous waste treatment facility in
the State of Michigan. In, anticipation of
treatment of industrial wastes, Stablex
has petitioned the Agency (as required
by § 261.3(d)(2)3 to delist the treatment
residue produced by the Stablex
treatment process for the following
hazardous wastes: "
Inorganic Pigments
K002 Wastewater treatment sludge from the
production of chrome yellow and orange
pigments.
K003 Wastewater treatment sludge from the
production of molybdate orange pigments.
K004 Wastewater treatment sludge from the
production of zinc yellow pigments.
K005, Wastew.ater treatment sludge from the
production of chrome green pigments..
K006 Wastewater treatment sludge from the
production of chrome oxide green pigments ,
(anhydrous and hydrated), , .
K007 Wastewater treatment sludge from the
production of iron blue pigments.
K008 Oven residues from the production of
chrome oxide green pigments.
Petroleum Refining
K050 Heat exchanger bundle cleaning
sludge from the petroleum refining
industry.
K052 Tank bottoms (leaded) from the
petroleum refining industry. "
Leather Tanning and Finishing
K053 l Chrome (blue) trimmings generated
by th'e following subcategories of the
leather tanning and finishing industry; hair
pulp/chrome tan/retan/wet finish; hair
save/chrome tan/retan/wet finish; retan/
wet finish; no beamhouse; through-the-hlue:
and shearing.
K0541 Chrome (blue) shavings generated by
the following subcategories of the leather
tanning and finishing industry; hair pulp/
chrome tan/retan/wet finish; hair save/
chrome tan/retan/wet finish; retan/wet
finish; no beamhouse; through-the-blue;
and shearing.
K05S1 Buffing dust generated by the
following subcategories of the leather
tanning and finishing industry; hair pulp/
chrome tan/ retan/wet finish; hair save/
chrome tan/retan/wet finish; retan/wet
finish; no beamhouse; through-the-blue;
and shearing.
K0561 Sewer screenings generated by the
following subcategories of the leather
tanning and finishing industry; hah- pulp/
chrome tan/retan/wet finish; hair save/
chrome tan/retan/wet finish; retan/wet
1 The Agency has deleted these wastes from the
hazardous waste list in finalizing the May. 19,1980
interim final regulations,(see 45 FR 72036 (October
30,1980) and 45 FR 74844 (November 12,1980)) so
that the petition for delisting residues from
treatment of these wastes is moot.
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78546
flnia
„ ' • | I- - H!j. ,: ' •' "
Federal Register / Vol. 45, No. 229 f Tuesday, November 25. 1980 / Rules and Regulations
iah; no bcamhouso; througb-tfae-blue;
d shearing.
K0571 ^Wfstfiyater t*9**PffiJ?t sfe^Sca -
g^iierifed by the following subcategories of
'•UM Icathtr tanning and finishing industry;
hair pulp/chrome tan/rtstan/wet finish; hair
save/chrome tan/retan/wet finish; re tan/
wet finish; no bcamhousc; Ihrough-the-blue;
, and jhciifino,
K0W> Waslewatcr treatment sludges
generated by the following subcategories of
the leather tanning and finishing industry;
heir pulp/chrome lan/reton/wct finish; hair
save/chrome tan/retan/wet finish; and
tJirough-tlie-bluo,
K0591 Wastewalor treatment sludges
generated by the following subcategory of
the leather tanning and finishing industry;
hair save/non-chrome tan/retan/wet
finish, ..... ........ _ ...... r ......... _
Metals Recovery
F013* Flotation tailings from selective
flotation from mineral metals recovery
operations.
F014 CymiMatEon waste-water treatment
tuning pond sediment from mineral metals
recovers' operation*.
KOJ5 Spent cyanide bath solutions from
, ., mineral njetals recovery operations.
ScrubUer Sludges
F0101 Dowatered air pollution control
scrubber sludges from coke ovens and
111 ;" blast furnaces.
Electroplating
FOM1 Waste viator treatment sludges from
electroplating operations except from the
following processes: (1) sulfuric acid
inodbdng of ahunlntlin; (2) tin plating on
t carbon steel; (3) zinc plating (segregated
btisls) on carbon sleek (4] aluminum or
nine-aluminum plating on carbon steel; (5)
cleaning/stripping associated with tin, zinc
«nd •huntaum plating on carbon steel; and
(6} chcrd-:-u (itching and milling of
uluminunv
FOOT* Spent cyanide plating bath solutions
from •lectropuUng operations [except for
precious metals electroplating spent
cyanide plstlng baSh solutions).
F0081 Hating bath sludges from the bottom
of pitting baths from electroplating
. operations where cyanides are used in the
., " protest {except for precious metals
electroplating pleflngbath sludges).
POM1 Spent stripping and cleaning bath
solutions from electroplating operations
.. ,, wfient cyanides we used in the process
(except for precious metals electroplating
' ' ' " ijSwl kWpplhg and cleaning bath
notation;},
,M*t«? Hea.t Baling
FG1Q* QucacMiig bath sludge from' oil baths
from metal hent treating operations where
cynnidet nrc wed in the process (except
for twielmil. raetali teat treating quenching
, ,
Foil* Spent cyanide solutions from salt
b«!h pet cleaning from metal heat treating
optra'Jon j (except for precious metals heat
treating spent cyanide solutions from salt
bath pot cleaning).
F0122 Quenching wastewater treatment
sludges from metal heat treating operations
where cyanides are used in-the process
(except for precious metals heat treating
quenching wastewater treatment sludges).
Organic Chemicals
K021 Aqueous spent antimony catalyst
waste from fluoromethanes production.
Iron and Steel
K060 Ammonia still lime sludge from coking
operations —
Commercial Chemical Products
PplO Arsenic Acid.
Pbll Arsenic pentoxide.
P012 Arsenic trioxide.
• P013 Barium cyanide.
P029 Copper cyanide.
P030 Cyanides.
P032 Cyanogen bromide.
POS5 Ferric cyanide.
P098 Potassium cyanide.
P099 Potassium silver cyanide.
JP104 Silver cyanide.
P106 Sodium cyanide.
P107 Strontium sulfide
P120 Vanadium pentoxide.
P121 Zinc cyanide.
U0138 Asbestos.
Stablex argues that the residue (called
"stablex material") from treatment of
these hazardous wastes should be
delisted because many of the hazardous
constituents of each waste stream are
present only in an immobilized, non-
hazardous form, or are destroyed during
the treatment pjocess, leaving only
negligible concentrations in the final
stabilized material. Stablex therefore
claims that its stabilized treatment
sludge no longer meets the criteria for
listing contained in 40 CFR
§§ 261.11(a)(2) and 281.11(a)(3).
B. Support for delisting, Stablex
claims that in operating its facilities it
uses a prescreening program which
accepts only wastes that can be fixed
successfully by the Stablex process—
predominately metal and cyanide-
containing wastes. The Stablex process
combines various hazardous waste
treatment processes (including metal
hydroxide precipitation, acid/alkaline
neutralization, cyanide destruction via
hypochlorite oxidation, and hexavalent
chromium reduction. jand precipitation)
with a waste fixation/stabilization
process. The stabilization process is a
mixed batching system which combines
the treated waste sludges with cement
and fly ash. The stablex material is
pumped (as a sludge) to specified '
landfill sites. This fill materiarbegins to
set in 24 hours. The resulting stabilized
product, the petitioner claims, is
characterized by the formation of
silicate lattices with "polymer-like"
bonds, creating a cementitious material
having compressive Strength similar to
an industrial grout (200-800 psi).
Stablex has been treating hazardous
industrial wastes which are very similar
in composition to the prospective U.S.
wastes at its several existing English
and Japanese facilities. These wastes
includes sludge from the production of
paint pigments, still lime sludge from
coking operatings, sludge from metals
recovery operations, quenching sludge
from metal heat treating operations, and
assorted sludges from electroplating
operations. Automotive industry wastes
also have been treated frequently,
• In order to characterize the claimed
non:hazardous nature of th& stablex
product, Stablex has submitted leachate
tests on U.S., Japanese and English
stabilized wastes. Total constituent
analyses'of the stablex material and
groundwater and surface water run-off
monitoring data (from active overseas
operations) also were submitted. Waste
streams from a typical range of
processes in the U.S. automotive
industry were tested, including plating
operations (principle constituents nickel,
chromium and copper); paint priming
(principle constituent zinc phosphate);
and waste treatment sludges from
painting and metal preparation
processes. Specific parameters
measured in each EP toxicity test
included arsenic, barium, cadmium,
chromium, lead, mercury, selenium,
silver, copper, iron, manganese, zinc,
nickel, aluminum and cyanide.
EP toxicity tests were performed on
stablex material which was ground to a
fine powder to maximize the surface
area available to the leaching action of
the acidic solutions of these tests. EP
toxicity tests performed on stabilized
prospective U.S. wastes produced the
following leachate results:
Leachate Concentration
Constituent
Parts
per
million
'"• '"Thttt descriptions refltct tfie finalized listing
tecriptfon In 40 CFR 281.31 and 251,32 (45 FR
74000-74002 (November It i960).)
sThe Agency will delete asbestos from the '
hazardous waste list in finalizing the May 19,1980
interim final regulations so that the petition for
delisting, residues from treatment of this waste is
moot.
Arsenic „....„„ „ „ .02
Barium ; „.,.«..,„, 1.4
Cadmium...!.— _ o.Ol
Chrojftkiro. „ 0.27
Cyanide _.„ .-. „.„ „.„ 0.6
Lead. „.,....». «..„,.„ „ _.-...™...~..™.. 0.05
Mercury ; „.,.,*., 0.004
Selenium .. ., . „'. O.OQ3
Silver.. „ ™: .. . , o.01
Note.—Total constituent analysis of the stablex material
revealad. cyanide concentrations of 1 ppm,
In addition, groundwater and surface
water run-off monitoring data were
submitted from the Stablex faqility in
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Federal kegister / Vol. 45, No. 229 / Tuesday, November 25, 1980 / Rules and Regulations 78547
Thurrock, England which indicate that
the concentration of the constituents of
concern in groundwater were below the
levels established by the U.S. interim
, primary drinking water standards.
Maximum cyanide levels in
groundwater were reported as 0.11 ppm.
The Agency notes, however, that the
low levels of hazardous constituents
reported in groundwater are not
necessarily satisfactory indicators of the
long term fixation characteristics of a
stabilized material (since particular
landfill design features may impede
groundwater contamination). Indeed,
since the Thurrock facility has been
operational only since 1978, high levels
of contaminants in the groundwater
would not be expected at this time
unless particularly poor disposal
practices were employed.
. In,addition to submitting analytic
data] Stablex also offers a number of,
short-term safeguards to prevent -
environmental insult while the Agency
reviews additional data before making a
final decision on whether to grant a final
delisting. Stablex has agreed with the
Michigan Department of Natural
Resources and the EPA to manage the
Stablex material as if it were a
hazardous waste for the initial two year
period of facility operation. During this
period, the stablex material will be
deposited within a demonstration cell
containing a double underdrain/double
compacted clay bottom liner arid a PVC
sidewall liner. The lower liner will
consist of 4 feet of compacted clay;
(with a permeability factor of 10"7)
while the upper liner will consist of 1,
foot of compacted clay, A minimum
separation of 12 feet between the
bottom liner and the groundwater level
will be maintained. During rain and
winter conditions the stablex material
will be placed in enclosed cylindrical
molds within the lined demonstration -
cell to assure proper curing. Leachate
monitoring systems will be constructed
beneath the stablex material and the
bottom liner of the demonstration cell
and will incorporate sampling sumps for
leachate. withdrawal. In addition,
monitoring wells will be placed along
the perimeter of the placement area. A
monitoring program involving analysis
of leachate and stormrun-off will be
established during the demonstration
period to determine the stability of the
stablex product and the migratory
potential of the leachate from the site.
C. Agency analysis and action. The
Agency's function under RCRA includes
the establishment of a national program
to improve solid waste management and
promotion of environmentally sound
hazardous waste treatment and disposal
practices. Historically-tested.
stabilization processes could assume an
important role in properly managing
hazardous wastes, particularly in view
of the scarcity of hazardous waste
disposal sites.
The Agency has reviewed the
monitoring data submitted by the
Stablex Corporation from its facility in
Thurrock, England. Groundwater
samples extracted from the Thurrock,
England placement site revealed all EP
toxic constituents to be at levels below
the U.S. interjm primary drinking water
standards..The,maximum reported .
cyanide concentration of 0.11 ppm in
groundwater is one half that of the U.S.
Public Health Service's suggested
drinking water standard. However, the
absence of high levels of these '
constituents in the groundwater below a
very new landfill does not in itself
indicate long-term inertness of the
• landfill material.
The Agency also has reviewed the
leachate tests submitted from the
facilities in England and Japan and
domestic laboratories. Analysis of the
EP toxic constituents in these waste
extracts revealed concentrations well
below the EP maximum toxicity levels
for each waste stream tested. In
addition, cyanides were present in the
stablex material only in concentrations
below 1 ppm, apparently indicating the
effectiveness of the cyanide-destruction
process.
Therefore, based predominately on
the test data submitted on prospective
U.S. wastes, the Agency is granting the
Stablex Corporation's facility in
Groveland Township, Oakland County,
Michigan, a. temporary exclusion for the
stablex material produced using the »
treatment techniques described in its
petition, from the following wastes
listed in Subpart D of the hazardous
waste regulations: '
Inorganic Figments
K002 Wastewater treatment sludge from the .
.production of chrome yellow and orange
pigments.
K003 Wastewater treatment sludge from the
production of molybdate orange pigments.
K004 Wastewater treatment sludge from the
production of zinc yellow pigments.
K005 Wastewater treatment sludge from the
production of chrome green pigments.
K006 Wastewater treatment sludge from the
production of chrome'oxide green pigments
(anhydrous and hydrated).
K007 Wastewater treatment sludge from the
production of iron blue pigments.
K008 Oven residues from the production of
chrome oxide green pigments.
Electroplating
F006 Wastewater treatment sludges from
electroplating operations except from the
following processes: (1) sulfuric acid
anodizing of aluminum; (2) tin plating on
carbon steel; (3) zinc plating (segregated
basis) on carbon steel; (4) aluminum or
zinc-aluminum plating on carbon steel; (5)
cleaning/stripping associated with tin, zinc
and aluminum plating on carbon steel; and
(6) chemical etching and railing of
•aluminum. .
F007 Spent cyanide plating bath solutions
from electroplating operations (except for '
. precious metals electroplating spent
cyanide plating bath solutions).
F008 Plating bath sludges from the bottom
of plating baths from electroplating
operations where cyanides are used in the
process (except for precious metals
electroplating plating bath sludges).
F009 Spent stripping and cleaning bath
.solutions from electroplating operations
where cyanides are used in the process
(except for precious metals electroplating
spent stripping and cleaning bath
solutions).
Metal Heat Treating
F010 Quenching bath sludge from oil baths
from metal heat treating operations where
cyanides'are usefl in the process (except
for precious metals heat treating quenching
bath sludges). , '
Foil Spent cyanide solutions from salt bath
pot cleaning from metal heat treating
• operations (except for precious metals heat
treating spent cyanide solutions from salt
bath pot cleaning).
F012 Quenching Wastewater treatment
sludges from metal heat treating operations
where cyanides are used in the process
(except for precious metals heat treating
quenching wasteWater treatment sludges).
Metals Recovery
F014 Cyanidation wastewater treatment
tailing pond sediment from mineral metals
recovery operations
F015 Spent cyanide bath solutions from
mineral metals recovery operations
Commercial Chemical Products
P010 Arsenic acid.
-------
-: ..... ;/ ' • ..... ..... •?'', '> •; ..... ..... , ..... :i • ; '„',•>:• nfi ww. '• ..... w$ ' : ..... m ..... •!i:i - " ,1 s~ i, ..... ;• '";> ..... i ....... i- si t ::ss ts. ..... gjisi ft ..... lie!;'! .....
.......... ,f r ....... Ill,,,, i> 41: ' ......... .Mil, ,1, ,; ..... ..... 11! »l ' n ; '; ........ ,,, ; ' ,|i,|h :il>! ...... pr l,; ,/r J", . „ J.^IML „ >,'!:» ; »•;» ..... I'", . :! ...... "«, ,,«';>; ii'i!,! /1 ,11! , jLj, '««!!;!, «<;!; ........ j
nil ill i i ill i IK i Hi i i iiiiii • am
liihlBllilillllllllllllArilll1 l!l|l||ll! |il|lllilllllllll!\;!l|lllllll||!'«llllll|:ii!llllll
, . , ,, , , , , ,
1,: .IV, :: ..... -M'iSlliliill1 *''«'«;•!:' j
78548 Federal Register / Vol. 45, No. 229 / Tuesday, November 25. 1980 / Rules and Regulations
'. FOll Arachte pentoxldo.
P012 Arsenic iriflx'tte- .................
P013 Barium cyanide.
- ...... ' : • W28 Copper cyanide.
POdO Cyanides.
P032 Cyanogen bromide.
P06S Fettle eyanlda, ,
P088 Potassium cyantde.
"" POS8 PotMiiiun silver cy«iido.
......... MCH Silver cyanide.
, 'PlQfi Sedlura cyapide.
,=": ..... Pifct Zinc cyanide. .................... ^ .........
We remained concerned, however,
with the long-term leaching
- "'"i" ebarae.te.rtf tics of the,stablex,,,niaterial ......
(and residue from other waste
alabllzatfon processes). The Agency, as
discussed further below, may find it
necessary to have these long-term
characteristics addressed before a final
clciisting Is granted. Stablex' two year
Miniigemeni pledge, however, is a
safeguard during that period.
D. Wastcstraaaia for which Stablex
$ttbmiUe
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Federal Register / Vol. 45, No. 229 / Tuesday, November 25, 1980 / Rules and Regulations 78549
safety features, including transfer pumps
automatically triggered by alkali/ ..
chlorination sensors, and a standard
sampling operating procedure prior to
the transfer of wastes to the pH
adjustment tank. The Agency therefore
has granted a temporary exclusion to
Firestone's Danville, Kentucky facility
for their electroplating wastewater
treatment sludge, as described in its
petition, from its listing under EPA
Hazardous Waste No. F006.
///. Fosbrink Machine Company
Incorporated
A. Petition for delisting. The Fosbrink
Machine Company (Fosbrink), involved
in the manufacture of wire and wire
products, has petitioned the Agency lor
the delisting of its sludge, formerly listed
as EPA Hazardous Waste No. K063,
sludge from lime treatment of spent
pickle liquor from steel finishing
operations.5 Fosbrink has petitioned to
delist their waste because it does not
meet the criteria for listing. ;
The Fosbrink Machine Company
utilizes the processes of cold drawing,
pickling and lime treatment in the
production of wire from wire rods. Its
waste treatment process for spent pickle
liquor rinse and overflow wastes
involves neutralization, oxidation,
flocculation, settling, drying and
recycling of the liquid waste stream
component. They claim their sludge is
environmentally stable and non-
hazardous,_and specifically that its
sludge does not contain hazardous
levels of chromium and lead, the
constituents of concern in the spent
pickle liquor of hazardous waste K062.
Fosbrink has submitted a detailed
description of their sludge treatment
~ 'system, and EP toxicity test results for
all toxic constituents specified in
Section 261.24 of the regulations. The ..
sludge samples were taken over a one
month period to represent sufficiently
the uniformity of constituent
concentrations in the waste. EP toxicity
tests involving chromium and lead
produced leachate levels of <0.04 and
<0.03 ppm, respectively. , .
B. Agency analysis 'and action. The
constituents of concern in this waste,
are chromium and lead. EP extracts from
sludge samples analyzed by Fosbrink
show lead and chromium consistently
. below the national interim primary
5 On November 12,1980 (45 FR 74884), EPA
removed waste K063 from the hazardous waste list
(I 261.32). However, since these lime treatment
sludges are generated from the treatment of a listed
hazardous waste (K062), they still are considered to
be a hazardous waste (§ 261.3(c)(2)). Further, they
remain hazardous wastes until they no longer meet
any of the characteristics of hazardous wastes and
are delisted (§ 261.3(d)(2)).
drinking water standards. These low
leachate levels indicate that the •
constituents are present in essentially
an immobile form. The Agency
therefore, has granted temporary
exclusion to the Fosbrink's facility in
Connellsville, Pennsylvania for its
treated pickling rinse and overflow
wastes, as described in its petition.
IV. General Electric Company
A. Petition for delisting. The General
Electric Company/Lighting Business
Group's.-Conneaut Base Plant (General
Electric), involved in the production of
light bulbs, has petitioned the Agency to
d'elist its wastewater treatment sludge,
presently listed as EPA Hazardous
Waste No. F006, (Wastewater treatment
sludges from electroplating operations
except from the following processes: (1)
sulfuric acid anodizing of aluminum; (2)
tin plating on carbon steel; (3) zinc
plating (segregated basis) on carbon
steel; (4) aluminum or zinc-aluminum
plating on carbon steel; (5) cleaning/
stripping associated with tin, zinc and
aluminum plating on carbon steel; and
(6) chemical etching and milling of
aluminum.)6 General Electric has
petitioned to delist their waste because
it does not meet the criteria for which
Hazardous Waste F006 was listed in
Part 261, Subpart D of the regulations.
The General Electric Company uses a
"bright-dip" etching and stamping
process for its light bulb bases which is
characterized as an electroplating
operation under Hazardous Waste F006.
General Electric claims that the
chemical etch or "bright-dip" process"
employed this facility does not use any
of the hazardous constituent^ for which
Waste No. F006 are listed. Instead, an
aluminum and brass (copper and zinc)
chemical etching process utilizing nitric
and sulfuric acids is used. The stamping
' process generates a light diluting cutting
oil as a waste stream. General Electric
further states that its wastewater
treatment process combines the streams
for these two operations, and as a result,
cracks the oils from the stamping
process (due to the action of the etching
acid wastes). The addition of sodium
hydroxide, it is claimed, neutralizes
these acids, rendering the waste non-
hazardous.
General Electric has submitted a
detailed description of the etching and
stamping processes utilized at this
facility to indicate that the listed
hazardous waste constituents of
Hazardous Waste No. ED06 are not used
in its operation. General Electric has
also submitted constituent analyses'and
leachate tests of their sludge" for
chromium, cadmium, nickel and_
cyanide. Total constituent analyses
revealed concentrations of <10, <22,
<8 and <.005 ppm for chromium,
cadmium, nickle and cyanide,
respectively. EP toxicity tests produced
leachate concentrations of <0.01, <0.02,
and 0.08 ppm for chromium, cadmium,
and nickel respectively. The levels of
cadmium, chromium and nickel which
appeared in these wastes are.attributed
to unknown sources.-since they are not
used intentionally in the process.
B. Agency analysis and action. The
hazardous waste constituents for which
EPA Hazardous Waste No. F006 is listed
are cadmium, chromium, nickel and
cyanide. General Electric has submitted
sufficient evidence that the wastewater
treatment sludge produced in its
chemical etching process does not
contain hazardous levels of these
constituents. Concentrations of
cadmium, chromium and nickel in EP
extracts of the sludge*were consistently
below the national interim primary
drinking water standards. The low
leachate levels indicate that the
constituents of concern are present in an
immobile form. Cyanide concentrations
of <0.005 ppm in the sludge are
considered negligible. The low
concentrations of these constituents are
' probably a result of unknown minor
sources of contamination and
background levels, rather than direct
use of these constituents in the process.
The Agency therefore, has granted a
temporary exclusion to the General
Electric Company, Conneaut Base Plant,
for the wastes generated by its "bright-
- dip" chemical etching and stamping
process as described in its petition,"
listed under EPA Hazardous Waste No. ...
F006.
V. Dresser Industries, Incorporated
A. Petition for delisting. Dresser
Industries, Inc. (Dresser), involved in the
' manufacture of hand tools, has
petitioned the Agency to delist its
sludge, formerly listed as EPA
Hazardous Waste No. K063 (sludge from
lime treatment of spent pickle liquor
from steel finishing operations).7 Dresser
has petitioned to delist their waste
because it does not meet the criteria for
listing.
Dresser utilizes the processes of
sulfuric acid pickling, phosphate coating
"This listing reflects the finalized listing 40 CFR
Part 2&1, Subpart D, November 12,1980.
' On November 12,1980 (45 FR 74884), EPA
removed waste K063 from the hazardous waste list
{§ 281.32). However, since these lime treatment
sludges are generated from the treatment of a listed
hazardous waste (K062), they still are considered to
be a hazardous waste (§ 261.3(c)(2)). Farther, they
remain hazardous wastes until they no longer meet
any of the characteristics of hazardous wastes and
are delisted {§ 261.3(d)[2)). •
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I 111
1 " "
11
78550 Federal Register / Vol. 45, No. 229 / Tuesday, November 25, 1980 / Rules and Regulations
and cold extrusjon of medium carbon
rpnjallpyed steel in the production of
hand tools. Its waste treatment process
for spent pickle liquor, pickling rinse
and overflow wastes Involves
neutralization (using lime and sodium
hydroxide], flocculation, settling, and
filtration. Dresser claims that its sludge
Is environmentally stable and non-
hazardou*, and specifically that it does
not contain hazardous levels of
chromium and lead, the constituents of
concern In the spent pickle liquor waste
K062.
Drasser submitted a detailed
description of their sludge treatment
system, and EP toxicity test results for
nil toxic constituents specified in
1261.24 of the regulations. The samples
were taken over a one month period to
represent sufficiently the uniformity of
constituent concentrations in the waste.
EP toxicity tests performed on the waste
produced chromium and lead leachate
levels of <0,01 and <0.58 pptn,
respectively.
B. Agency analysis and action. The
constituents of concern i§ this •waste are
chromium and lead, EP extracts from
shidge samples analyzed by Dresser
tjftQW leftd and chromium consistently
well below the maximum'EP'toxicity
levels. These low leachate levels
indicate that the constituents are
present In essentially an immobile form.
IChe AggRcy, therefore, has granted
temporary exclusion to Dresser's facility
In Johnson City, Tennessee for its
treated spent pickle liquor and pickling
rinse waste sludge, as described in its
petition.
Vf. Jojipsoij Sleeffy Wife Cggipany, Inc.
A. Petition for deh'sting. The Johnson
Steel and Wire Company (JS&W),
Involved in the manufacture of specialty
ferrous wire, has petitioned the Agency
to delist Us sludge, formerly listed as
EPA Hazardous Waste No. K063, (sludge
from lime treatment of spent pickle
liquor from steel finishing operations}.*
JS&W has petitioned to delist their
waste because it does not meet the
criteria for listing.
JS&W utilizes the processes of cold
drawing, hydrochloric acid pickling, and
replacement coating of tin, bronze and
phosphate in the production of ferrous
wire. Its waste treatment process for
spent pickle liquor rinse and overflow
•On November 12,J«p (45 FR 74884), EPA
jtfjnowMt watte KOKI from the fcaaaitous wnste list
II 261JZ), f fowtvcr.'tbice 0n>M ttatp Ireatmont
»Sj«!gs* »rt $encr»lod from lh« treatment of • listed
tNUMKloat wssle (KOB2}, (h«y atlil an considered to
b« 8 taurdouk witt« (J 281.3(cpD- Further, they
NMn'lit hnmniotu waitei until they no longer meet
tmy of Itie dwncterisUcs of htau-dcus wastes and
*m dolltttNj (i 261.3(d)(2)J. v
wastes involves neutralization lime and
polymer flocculation, settling, and
pressed filtration. They claim their
sludge is environmentally stable and
non-hazardous, and specifically that the
sludge does not contain hazardous
levels of chromium and lead, the
constituents of concern in the spent
pickle liquor of waste K062.
JS&W submitted a detailed decription
of their sludge treatment system, and EP
toxicity test results for all toxic
constituents specified in | 261.24 of the
regulations. The samples were taken
over a one month period to represent
sufficiently the uniformity of constituent
concentrations in the waste. EP toxicity
tests revealed chromium and lead levels •
in the waste extract of 0.07 and 0.04
ppm, respectively.
B. Agency analysis and action. The
constituents of concern in this waste,
are chromium and lead. EP extracts from
sludge samples analyzed by JS&W show
lead and chromium consistently well
below the maximum EP toxicity levels.
These low leachate levels indicate that
the constituents are present in
essentially an immobile form. The
Agency therefore, has granted a
temporary exclusion to the JS&W's
facility in Worcester, Massachusetts for
its treated spent pickle liquor, as
described in its petition.
VII. John Deere Des Moines Works
A. Petition for delisting. John Deere
Des Moines Works (John Deere), a
company manufacturing farm equipment
and.machinery, has petitioned the
Agency to delist its wastewater
treatment glpdge, presently listed as "—
EPA Hazardous Waste No. FOQ6
(Wastewater treatment sludges from
electroplating operations except from
the following processes: (1) sulfuric acid
anodizing of aluminum; (2) tin plating on
carbon steel; (3) zinc plating (segregated
basis) on carbon steel; (4) aluminum or
zinc-aluminum plating on carbon steel;
(5) cleaning/stripping associated with
tin, zinc and aluminum plating on
carbon steel; and (6) chemical etching
and milling of aluminum).9 John Deere
has petitioned to delist its sludge
because it does not meet the criteria for
which it was listed in Part 261, Subpart
D, of the regulations.
John Deere utilizes the processes of
metal cleaning, metal machining,
electroplating of chromium and zinc,
and metal heat treating in the
production of farm machinery. It claims
that its waste treatment process is
successful in generating a non-
hazardous sludge cake, with cadmium
and chromium present at non-hazardous
levels and in essentially an immobile
form. In addition, John Deere states that
nickel and cyanide are not used fa its
electroplating processes.
John Deere submitted a detailed
description of its waste treatment
system; EP toxicity test results for
cadmium, chromium, and nickel; and
total and amenable cyanide analyses of
its sludge.
John Deere utilizes a lime/cationic
polymer, pH regulated, precipitation
waste treatment system. EP toxicity
tests for cadmium, chromium and nickel
performed on the resulting sludge cake
produced maximum.leachate
concentrations of 0.08, .37, and 0.66 ppm,
respectively. The total concentration of
nickel and cyanide in sludge were
. reported at 10.6 and <0.13 ppm,
respectively. The concentration of
cyanide amenable to chlorination (free
cyanide) was determined to be <0.007
ppm.
B. Agency analysis and action. The
hazardous waste constituents for which
Waste No. F006 is listed are cadmium,
chromium, nickel and cyanide. Although
John Deere does not use nickel and
cyanide in its electroplating process,
cadmium and chromium are used and
are present in the sludge. These .
constituents appear, however, to be
present in an immobile form.
EP toxicity test leachate results for
cadmium and chromium are well below
the EP maximum toxicity levels and
indicate the immobile nature of these
constituents. The low levels of nickel
and cyanide in the sludge (10.6 and 0,13
ppm respectively) indicate that these
constituents are not used in John Deere's
electroplating process but are probably
a result of known minor sources of
contamination and background levels!
' The levels of cyanide found in the
sludge are below the U.S. Public Health
Service's suggested drinking water
standard, and the low levels of free
cyanide indicate that levels of mobile
cyanide are even lower. The Agency
therefore, has granted a temporary
exclusion to the John Deere Des Moines
Works, facility for its treated
electroplating waste sludge, as
described fa its petition, listed under
EPA Hazardous Waste No. F006.
Dated: November 13,1980.
Eckardt C. Beck,
Assistant Administrator.
IFR Doc. 80-36084 Filed 11-24-80; 8:45 am]
BILLING CODE 6560-30-M
'The listing reflects the finalized listing 40 CFR
Part 261, Subpart D, November 12,1980. '
I I
11 I
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